Supreme Court
New South Wales
Medium Neutral Citation: Campton v Centennial Newstan Pty Ltd (No 1) [2014] NSWSC 304 Hearing dates: 24-27 February 2014; 17-21 March 2014 Decision date: 21 March 2014 Jurisdiction: Common Law Before: Hall J Decision: (1)The defendant's application to exclude from evidence the joint reports of the four conclaves referred to in [16] from evidence, is refused.
(2)I will hear the parties on the question of costs.
Catchwords: PRACTICE AND PROCEDURE - Expert evidence - Joint reports of experts - Admissibility of joint reports - Whether reasons are required for agreement between experts - Whether conclave failed to identify the material it relied upon - Whether consideration of extraneous material by the conclave constituted an irrelevant consideration - Whether experts are required to be provided with a joint statement of assumptions - Whether the questions asked of the conclave were drafted in terms that addressed relevant issues and matters appropriate for consideration by experts - Whether the joint reports are inconsistent with the common law "statement of reasoning" rule - Whether the joint reports are inconsistent with the Makita principle - Application of s 79 of the Evidence Act to joint reports of experts - Whether Court should exercise discretion to exclude the joint reports under s 135 of the Evidence Act Legislation Cited: Civil Procedure Act 2005
Evidence Act 1995
Uniform Civil Procedure Rules 2005Cases Cited: Ainsworth v Burden [2005] NSWCA 174
Barescape Pty Ltd v Bacchus Holdings Pty Ltd [2011] NSWSC 1002
Collins v Sydney Ports Corporation [2012] NSWSC 115
Dasreef Pty Ltd v Hawchar [2011] HCA 21, (2011) 243 CLR 588
Gillett v Robinson [2011] NSWSC 1143
Goddard v Central Coast Health Network [2013] NSWSC 1932
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Re GHI (a Protected Person) [2005] NSWCA 466
Turjman v Stonewall Hotel Pty Ltd [2011] NSWCA 392
X v Sydney Children's Hospitals Specialty Network (No 4) [2011] NSWSC 1310
X v Sydney Children's Hospitals Specialty Network (No 5) [2011] NSWSC 1351
X v Sydney Children's Hospitals Specialty Network (No 6) [2011] NSWSC 1353Texts Cited: Australian Law Reform Commission Report 102, "Uniform Evidence Law" (2006)
Judicial Review of Administrative Action, Aaronson, Dyer & Groves (LawBook, 3rd ed, 1973)
Ritchie's Uniform Civil Procedure NSWCategory: Interlocutory applications Parties: Ian Barry Campton (Plaintiff)
Centennial Newstan Pty Ltd (Defendant)Representation: Counsel:
B Dooley SC; P O'Rourke (Plaintiff)
M Joseph SC; D Stanton (Defendant)
Solicitors:
Whitelaw McDonald (Plaintiff)
Sparke Helmore (Defendant)
File Number(s): 2012/70316
Judgment
Proceedings
These proceedings were commenced by Statement of Claim filed on 2 March 2012. An Amended Statement of Claim was filed on 7 March 2012.
The plaintiff seeks damages for alleged negligence arising from a workplace accident on or about 1 July 2010. At all material times the plaintiff was employed by the defendant, Centennial Newstan Pty Ltd, as an underground mine deputy.
On or about 1 July 2010 he was a passenger in a PJB vehicle being driven by a fellow employee, Mr…
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- Case
- [2014] NSWSC 304
- Decision Date
CaseChat Overview and Summary
The court found that the joint report did not adequately explain the basis for the experts' agreement on certain matters, which was inconsistent with the common law "statement of reasoning" rule. The court also held that the joint report did not comply with the principle established in Makita v Sprowle, as it did not clearly indicate how the experts reached their agreement. The court further determined that the experts were not provided with a joint statement of assumptions, and the questions posed to them were not sufficiently tailored to address relevant issues. Consequently, the court concluded that the joint reports were inadmissible. The court exercised its discretion under section 135 of the Evidence Act to exclude the joint reports from being admitted as evidence in the proceedings.
No further orders were made by the court in this case.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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