Jermen v Shell Company of Australia Ltd

The case of Jermen v Shell Company of Australia Ltd involved a dispute regarding whether the plaintiff, a professional soccer player, suffered injuries during a soccer match due to the defendant's alleged negligence in failing to provide a properly maintained field. The case was heard in the Supreme Court of New South Wales.

The legal issues that the court had to address were whether the opinion evidence of experts in the professional soccer industry, who were proposed to testify on the standard of care for maintaining a soccer field, could be admitted. Additionally, the court had to determine whether the experts could agree to be bound by the expert Code of Conduct after their statements had been filed.

The court held that the proposed expert witnesses did possess special knowledge based on their experience in the professional soccer industry. It was determined that their evidence was relevant and admissible to assist the court in understanding the standard of care for maintaining a soccer field. Furthermore, the court found that the experts could agree to be bound by the expert Code of Conduct even after their statements had been filed, as it did not prejudice the opposing party and was in the interests of justice.

As a result, the court allowed the opinion evidence of the experts to be admitted, and they were subsequently bound by the expert Code of Conduct. The case proceeded to trial with the inclusion of this expert evidence.