Federal Court 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 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
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