Mundraby v Commonwealth of Australia

[2001] FCA 775

FEDERAL COURT OF AUSTRALIA

Mundraby v Commonwealth of Australia [2001] FCA 775

ELLIS MUNDRABY v COMMONWEALTH OF AUSTRALIA
NG 808 OF 1998

AND

DAVID MARK LEWIS v COMMONWEALTH OF AUSTRALIA
NG 809 OF 1998

TAMBERLIN J
SYDNEY
20 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 808 OF 1998

BETWEEN:	ELLIS MUNDRABY APPLICANT
AND:	COMMONWEALTH OF AUSTRALIA RESPONDENT
NG 809 of 1998
BETWEEN:	DAVID MARK LEWIS APPLICANT
AND:	COMMONWEALTH OF AUSTRALIA RESPONDENT
JUDGE:	TAMBERLIN J
DATE:	20 JUNE 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter a challenge has been made to the expertise of Mr Drummond who has been called to give evidence as to the Royal Australian Navy’s career progression assessment of the applicant.  Having heard cross‑examination, considered Mr Drummond’s curriculum vitae and heard evidence from Mr Drummond, I am not satisfied that he has the necessary expertise by way of study, training or experience to express an opinion that would qualify as an expert opinion to the court.  Accordingly, I do not accept Mr Drummond as being an expert in the areas which are referred to in his reports and which are the subjects of the conclusions which he expresses.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:             25 June 2001

Counsel for the Applicant:	Mr D T Kennedy SC Mr E G Romaniuk Mr A C M Iuliano
Solicitor for the Applicant:	William Szekely Szekely & Associates
Counsel for the Respondent:	Mr C C Branson QC Mr P S Jones Ms S Thode
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	20 June 2001
Date of Judgment:	20 June 2001