Mundraby v Commonwealth of Australia

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

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

CaseChat Overview and Summary

Ellis Mundraby and David Mark Lewis, both former members of the Royal Australian Navy, challenged the Commonwealth of Australia over their career progression assessments. The applicants sought judicial review of the decision of the Navy Board in relation to their career progression assessments. The central issue in this case was the admissibility of expert evidence provided by Mr Drummond, who was called to give evidence regarding the Royal Australian Navy’s career progression assessment of the applicants. The court had to determine whether Mr Drummond had the requisite expertise to provide an opinion on the applicants’ career progression assessments.

Justice Tamberlin considered Mr Drummond’s curriculum vitae, the cross-examination of Mr Drummond, and his evidence. The court found that Mr Drummond did not possess the necessary expertise, in terms of study, training, or experience, to express an opinion that would qualify as an expert opinion to the court. The court was not satisfied with Mr Drummond's qualifications and, therefore, did not accept him as an expert in the areas referred to in his reports. The court held that Mr Drummond’s evidence was inadmissible as it did not meet the criteria for expert evidence.

The court ruled that the evidence of Mr Drummond was not admissible, and therefore, could not be considered in the judicial review proceedings. This decision was significant as it highlighted the importance of establishing the qualifications and expertise of an expert witness in judicial review cases. The court's ruling ultimately affected the outcome of the judicial review proceedings, as the inadmissible evidence could not be relied upon by the applicants in their challenge to the Navy Board's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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