Hunt v Lemura (No 1)

The case involved a personal injury claim where the plaintiff, Hunt, sought damages from the defendant, Lemura. The dispute centred around the admissibility of a "Quantum statement" in the trial, which contained calculations related to the quantum of damages claimed. The statement was contentious as the parties disagreed on the methodology and figures used in the calculations. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue was whether the entirety of the Quantum statement should be admitted into evidence despite the dispute over the calculations. The court had to consider the relevance of the statement in determining the damages claim and whether excluding the disputed parts would render the statement inadmissible. The court also needed to assess whether the probative value of the statement outweighed any prejudicial effect it might have due to the disputed calculations.

The court held that while the calculations within the Quantum statement were contentious, the document as a whole had significant relevance to the determination of damages in the case. The court found that excluding the disputed parts of the statement would not necessarily render it inadmissible. The probative value of the statement outweighed any prejudicial effect, as it provided a comprehensive basis for the damages claim. Consequently, the court ruled that the entire Quantum statement should be admitted into evidence.

The court ordered that the Quantum statement, despite the disputed calculations, be admitted as evidence in the trial. This decision allowed the statement to be used as a basis for the plaintiff's claim for damages, while also acknowledging the need for the parties to address the disputed calculations through the trial process.