Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd [2000] FCA 1463 ADMIRALTY – marine insurance – claim in respect of damage to engine of fishing vessel – whether policy-holder indemnified by policy in respect of damage – whether damage caused by negligence of repairers
EVIDENCE – opinion – expert reports – whether admissible – where no explicit evidence as to training, study or experience of authors of reports – whether pursuant to the Evidence Act 1995 (Cth), s 183 inferences may be drawn from contents of report as to the specialised knowledge of its author Evidence Act 1995 (Cth) ss 76, 79 & 183
OCEAN MARINE MUTUAL INSURANCE ASSOCIATION (EUROPE) OV v JETOPAY PTY LIMITED N 288 OF 2000 BLACK CJ, COOPER & EMMETT JJ 27 NOVEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 288 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: OCEAN MARINE MUTUAL INSURANCE
ASSOCIATION (EUROPE) OV
APPELLANT
AND: JETOPAY PTY LIMITED
RESPONDENT JUDGE: BLACK CJ, COOPER & EMMETT JJ
DATE OF ORDER: 27 NOVEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Orders 1, 7 and 8 made on 9 March 2000 by Tamberlin J be set aside. 2. The matter be remitted to the primary judge for further hearing in accordance with the reasons of the Full Court of 27 November 2000. 3. The costs of the appeal be the parties' costs of the further hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 288 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: OCEAN MARINE MUTUAL INSURANCE
ASSOCIATION (EUROPE) OV
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