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 Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 20 June 2001 Date of Judgment: 20 June 2001