Rhoden v Wingate

The New South Wales Court of Appeal considered a dispute arising from a motor vehicle collision between a motorcycle and a motor car. The plaintiff, Mr. Rhoden, sustained personal injuries in the collision and brought proceedings against the defendant, Mr. Wingate, alleging negligence. The case presented difficulties in ascertaining the relevant facts due to the absence of direct testimonial evidence regarding the collision itself.

The primary legal issues before the Court of Appeal were the admissibility of expert opinion evidence, specifically concerning the application of section 79 of the *Evidence Act 1995* (NSW), and the proper procedure for objecting to such evidence. The court also had to determine the consequences of failing to follow appropriate procedures when tendering expert evidence, particularly when objections were raised after the close of the plaintiff's case.

The court's reasoning focused on the requirement that expert opinions must be based on assumptions that are capable of proof by admissible evidence. It was held that the tendering of expert evidence early in a party's case, when it is not in a satisfactory form, necessitates careful consideration of objections. The court emphasised that objections to evidence should be taken at the appropriate time, and that a failure to follow the correct procedure, especially when an objection is raised after the close of the plaintiff's case, can have significant consequences for the admissibility and weight of that evidence. The court ultimately made orders regarding the appeal, the specifics of which are detailed in paragraph 106 of the judgment.