DISTRICT COURT OF QUEENSLAND
CITATION:
Nash v Damorange Pty Ltd & Anor [2017] QDC 275
PARTIES:
ALAN PETER NASH
(appellant)
v
DAMORANGE PTY LTD
(first respondent)
AND
DANIEL JAMES MONTAGUE
(second respondent)
FILE NO/S:
BD156/17
DIVISION:
Civil
PROCEEDING:
Appeal pursuant to s 45 of the Magistrates Court Act
ORIGINATING COURT:
Magistrates Court
DELIVERED ON:
15 November 2017
DELIVERED AT:
Cairns
HEARING DATE:
6 October 2017
JUDGE:
Clare SC DCJ
ORDER:
The appeal is allowed. 1.
The judgment is quashed and the matter is remitted to the Magistrates Court for rehearing.2.
I will hear the parties as to costs. 3.
CATCHWORDS:
CIVIL APPEAL – ADMISSIBILITY OF EXPERT EVIDENCE – CRASH SCENE ANALYSIS – time, speed, distance calculations – qualifications of the expert – recognition of the branch of knowledge – opinion evidence where eyewitness testimony
Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588
Derrick v Cheung [2000] HCA 48
Fox v Percy [2003] 214 CLR 118
HG v the Queen (1999) 197 CLR 414
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 729
Paric v John Holland (Constructions) Pty Ltd (1985) 59 ALJR 844
PQ v Australian Red Cross Society [1991] 1 VR 19
R v Carrol [1985] 99 A Crim R 410
Read v Nominal Defendant [2007] QSC 297
Sibley v Kais (1967) 118 CLR 424
COUNSEL:
Mr S Hogg for the appellant
Ms S McNeil for the respondents
SOLICITORS:
Hicksons Lawyers for the appellant
Shaw McDonald Lawyers for the respondents
On 18 July 2012, at the intersection of an off-ramp and service road for Ipswich Road, a truck ran headlong into a prime mover travelling across its lane. Fortunately, no one was hurt, but the vehicles suffered substantial damage. The owner of the prime mover, together with its driver, Daniel Montague, brought an action for negligence against Alan Nash, the driver of the truck. Mr Nash counterclaimed damages for negligence. The learned Magistrate gave judgment for the plaintiff.
The ground of appeal concerns the decision of His Honour to exclude the evidence of crash scene analysis. The evidence was wrongly excluded. Mr Nash was deprived of the opportunity to lead relevant evidence in his defence. Regrettably, the matter must now be remitted to the Magistrates Court for rehearing.
The area of dispute was narrow. The location and path of travel was uncontroversial. The prime mover was towing 2 trailers (referred to as the B Double). It had travelled north east along the Ipswich Service Road towards the intersection with Ashover Road at Rocklea. The Ipswich Service Road was a divided road for two-way travel. A Mitsubishi rigid truck with a crane (the truck) was on the opposite side of the intersection travelling toward the south west bound lane of the Ipswich Service Road. It had taken the Granard Road off-ramp onto the slip road.
The B Double’s lane ended at the intersection at a stop sign and…
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- AGLC
- Nash v Damorange Pty Ltd [2017] QDC 275
- Case
- [2017] QDC 275
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the expert evidence was admissible, given the presence of eyewitness accounts. The court had to determine if the expert's opinion was necessary and whether the branch of knowledge the expert represented was sufficiently recognised in the field. Additionally, the court examined the qualifications of the expert and whether these were adequate to support the admissibility of the evidence. The court also had to consider the potential redundancy of the expert evidence in light of the eyewitness testimony.
The court, in reaching its decision, found that the expert evidence was not admissible due to the presence of eyewitness testimony which could equally provide the necessary information regarding the crash. The court held that the expert's qualifications, while relevant, did not sufficiently elevate the evidence above that which could be provided by the eyewitnesses. The court further reasoned that the branch of knowledge did not sufficiently outweigh the eyewitness accounts. As a result, the appeal was allowed, and the judgment was quashed, with the matter being remitted to the Magistrates Court for rehearing. The court also noted that the parties would be heard regarding costs.
Orders
Orders of the court
The appeal is allowed. 1.
The judgment is quashed and the matter is remitted to the Magistrates Court for rehearing.2.
I will hear the parties as to costs. 3.
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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