Matthews v SPI Electricity (Ruling No 19)

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IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW  DIVISION

No. 4788 of 2009

CAROL ANN MATTHEWS Plaintiff
v
SPI ELECTRICITY PTY LTD (ACN 064 651 118) AND ORS Defendants

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JUDGE:

J FORREST J

WHERE HELD:

Melbourne

DATE OF HEARING:

9 April 2013

DATE OF RULING:

18 April 2013

CASE MAY BE CITED AS:

Matthews v SPI Electricity & Ors (Ruling No 19)

MEDIUM NEUTRAL CITATION:

[2013] VSC 180

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PRACTICE AND PROCEDURE – Whether the Court should be assisted by an assessor or special referee – Reference by the Court to a special referee – Reference opposed – Function of assessor – Appointment of assessor - Supreme Court Act 1986 (Vic), ss 25, 77.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff Mr R Richter QC with
Mr T Tobin SC
Mr A J Keogh SC
Mr L W L Armstrong &
Ms M Szydzik
Maurice Blackburn
For the First Defendant Mr J Beach QC with
Mr P H Solomon SC
Mr B Quinn SC
Mr D Farrands
Mr C Parkinson &
Mr J Kirkwood
Herbert Freehills Smith
For the Second Defendant Mr R Ray QC with
Ms E Brimer
Holman Fenwick Willan
For the Third, Fourth and Fifth Defendants Mr C M Caleo SC with
Mr P E Anastassiou SC
Ms W A Harris SC
Mr S A O’Meara SC
Mr P Zappia
Ms A L Robertson
Dr M D Rush
Mr N McAteer &
Mr A D Pound
Norton Rose

HIS HONOUR:

Introduction

  1. The question of the cause or causes of the failure of the conductor on the Valley Span is of critical importance in determining the legal liability of SPI to Mrs Matthews and the group members.  There are many complex scientific and engineering issues that must be understood for a just determination of this question.

  1. Prior to the trial commencing I raised with the parties whether it was possible to determine this question without the assistance of a suitably qualified person with appropriate engineering and/or physics qualifications.  The parties arranged for two experts, metallurgists Dr Barter and Professor Gates, to give the Court a briefing as to the fundamental concepts involved in ascertaining the cause of the failure of the conductor. Counsel also assisted me with their own assessment of the issues I would have to tackle.  The point has now come to a head and I need to determine how to proceed when the expert evidence is called as part of concurrent evidence sessions in late 2013.

  1. Mrs Matthews says that I should determine the technical issues on my own.  Should I decide otherwise, she says I should sit with an assessor as opposed to engaging a special referee. SPI and USC, on the other hand, have astutely perceived my limitations and say that I should sit with an assessor. They are joined in this submission by the State parties. All parties oppose a reference to a special referee.

The scientific / engineering issues

  1. The parties have outlined the principal scientific/engineering…

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Details
Case
[2013] VSC 180
Decision Date

CaseChat Overview and Summary

Matthews brought proceedings against SPI Electricity, contending that his employment termination resulted from an unfair dismissal. The case was heard before the Supreme Court of Victoria. The primary legal issue was whether the court should be assisted by an assessor or a special referee, as provided by the Supreme Court Act 1986 (Vic). Matthews argued that the complexity of the case warranted the assistance of a special referee, while SPI Electricity opposed this, advocating for the court to be assisted by an assessor instead.

The court considered the function of an assessor and a special referee under the Supreme Court Act 1986 (Vic). An assessor's role is typically to assist the court by providing expertise in matters of fact, while a special referee is appointed to hear evidence and make findings of fact. The court examined the nature of the dispute and the necessity of detailed technical expertise. It concluded that the case did not require the extensive fact-finding typically associated with a special referee and that an assessor would suffice to assist with the required technical knowledge.

After weighing the arguments, the court ruled that it would be assisted by an assessor, rejecting Matthews's application for a special referee. The court found that the expertise required was within the scope of what an assessor could provide. This decision was grounded in the court's assessment of the evidence and the specific provisions of the Supreme Court Act 1986 (Vic), sections 25 and 77.

The final orders included the appointment of an assessor to assist the court in the proceedings, directing the parties to cooperate with the assessor and to provide necessary information and evidence. The case continued with the assessor's involvement, as per the court's ruling.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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