X v Sydney Children's Hospitals Specialty Network & Anor (No 6) [2011] NSWSC 1353

X v Sydney Children's Hospitals Specialty Network & Anor (No 6) [2011] NSWSC 1353

Evidence from experts who participated in the joint conference of experts will generally be admitted, despite some exceeding the bounds of their core expertise, due to the collaborative nature of the process, unless the opinion is clearly unsupported by specialised knowledge or the basis is not evident in the report.

Jurisdiction
Australia
Judgment Date
10 November 2011
Procedural Posture
Interlocutory Application / Ruling on Objections to Expert Evidence
Outcome
Objections generally dismissed for reports arising from the joint conference; specific paragraphs of Dr Levy's report rejected for lack of stated basis.
Legal Topics
['expert Evidence' 'admissibility of Expert Opinions']
['practice and Procedure' 'evidence'] ['expert Evidence' 'admissibility of Expert Opinions']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Objections to Expert Evidence

Legal Issues

  1. 1 ["Whether expert evidence should be rejected for exceeding the expert's specialised knowledge under s 79 of the Evidence Act 1995 (NSW)" "Whether specific paragraphs of Dr Levy's report should be admitted"]

Ratio Decidendi

Evidence from experts who participated in the joint conference of experts will generally be admitted, despite some exceeding the bounds of their core expertise, due to the collaborative nature of the process, unless the opinion is clearly unsupported by specialised knowledge or the basis is not evident in the report.

Court Disposition

Objections generally dismissed for reports arising from the joint conference; specific paragraphs of Dr Levy's report rejected for lack of stated basis.

Orders

  • ['Evidence given by experts who participated in the joint expert conference generally allowed, despite specific objections to expertise.' "Identified paragraphs of Dr Levy's report dated 2 August 2007 rejected where the basis was not evident from the report."]