Morgan v Owners of Strata Plan 13937 & anor [2005] NSWSC 1304

Morgan v Owners of Strata Plan 13937 & anor [2005] NSWSC 1304

Richard Spencer's report was rejected because, insofar as it addressed risk assessment and precautions, it added nothing beyond common knowledge, and insofar as it addressed the mechanics of the fall, its relevant opinions were based on surmise and speculation rather than demonstrated expert training, knowledge or experience.

Jurisdiction
Australia
Judgment Date
22 November 2005
Procedural Posture
Common Law Division Proceeding Concerning an Occupier's Alleged Breach of Duty to an Entrant / Evidentiary Ruling on Tender of Expert Report During Hearing
Outcome
Tender rejected.
Legal Topics
['expert Evidence' 'admissibility of Expert Report' 'occupiers Liability' 'slip and Fall']
['evidence' 'torts'] ['expert Evidence' 'admissibility of Expert Report' 'occupiers Liability' 'slip and Fall']

Case Brief

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Procedural Posture

Common Law Division Proceeding Concerning an Occupier's Alleged Breach of Duty to an Entrant / Evidentiary Ruling on Tender of Expert Report During Hearing

Legal Issues

  1. 1 ['Whether the report of Richard Spencer dated 19 February 2003 should be admitted as expert evidence.' 'Whether the opinions in the report were based on expert training, knowledge or experience rather than common knowledge, surmise or speculation.']

Ratio Decidendi

Richard Spencer's report was rejected because, insofar as it addressed risk assessment and precautions, it added nothing beyond common knowledge, and insofar as it addressed the mechanics of the fall, its relevant opinions were based on surmise and speculation rather than demonstrated expert training, knowledge or experience.

Court Disposition

Tender rejected.

Orders

  • ["The tender of Richard Spencer's report dated 19 February 2003 is rejected."]