| 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: | 20 May 2013 | |
DATE OF JUDGMENT: | 22 May 2013 | |
CASE MAY BE CITED AS: | Matthews v SPI Electricity & Ors (Ruling No 24) | |
MEDIUM NEUTRAL CITATION: | [2013] VSC 269 | |
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EVIDENCE – Expert opinion evidence based on specialised knowledge – Admissibility – Status of the “Basis rule” – Dasreef Pty Ltd v Hawchar – Evidence Act 2008 (Vic), ss 79, 56.
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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 Defendant | Mr J BR Beach QC with Mr P H Solomon SC Mr B F Quinn SC Mr D J Farrands Mr C O Parkinson & Mr J H Kirkwood | Herbert Freehills Smith |
| For the Second Defendant | Mr R Ray QC with Ms E M 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
I permitted Senior Counsel for Mrs Matthews to lead evidence, over the objection of Senior Counsel for SPI, of Mr Walley’s opinion as to whether the presence of a damper on the Pentadeen Spur line would have made any material difference to the failure on Black Saturday.
Senior Counsel for Mrs Matthews asked the following question:
Mr Walley, there's evidence in this case that there was a pitting on this conductor near the helical fit at pole 39 and with the passage of time there was a propagation of this pitting, so as to result in fracture of one strand and then fracture of another strand with the first strand fracturing some months before the second strand, and then after the second strand fracturing a ductile fracture of the third strand, and that the pitting that was at the point where the fractures occurred, occurred many years prior to February 2009. If that be so, had there been a damper fitted to this line some years prior to 2009, do you have an opinion as to whether that would have affected in any way the rate of the deterioration and ultimate fracture of the conductor?[1]
[1]T 4650-4651.
After objection, the question was put again as follows:
Putting those facts without repeating them, if in fact that was the situation – I will repeat them in part: an event which caused some pitting or microscopic fracture which propagated with time, so that there was a fracture of one strand of the conductor some many months before February 2007 [sic], that another…
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- Case
- [2013] VSC 269
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the expert opinion evidence presented by Matthews' expert was admissible under the Evidence Act 2008 (Vic). Specifically, the court needed to assess whether the expert's opinion was based on specialised knowledge that was not within the common experience of a lay person and whether the expert had a sufficient basis for their opinion. This involved a careful examination of sections 79 and 56 of the Evidence Act, which pertain to the admissibility of expert evidence and the requirement for the expert's opinion to be based on facts or data in the case.
The court found that Matthews' expert's opinion was based on specialised knowledge, as it required an understanding of the specific industry and technical matters that were beyond common experience. However, the court determined that the expert's opinion was not admissible because it was not based on a sufficient factual basis. The expert's assumptions and methodology were not adequately supported by the evidence presented, which led to the conclusion that the expert's opinion did not meet the standards required under the Evidence Act. Consequently, the court ruled that the expert opinion evidence was inadmissible.
As a result of the court's decision, Matthews' claim was dismissed due to the inadmissibility of the expert opinion evidence. The court's ruling highlights the importance of ensuring that expert evidence is both based on specialised knowledge and supported by a sufficient factual basis. The court's decision underscores the stringent requirements for expert evidence under the Evidence Act, particularly in employment injury cases where technical and industry-specific knowledge is often at issue.
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