Australian Competition & Consumer Commission v Emerald Ocean Pty Ltd [2002] FCA 740

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Emerald Ocean Pty Ltd [2002] FCA 740

EVIDENCE – expert evidence – litigation concerning efficacy of electrical muscle stimulation – reports on fat loss, cellulite and testing of devices – whether person reporting has specialised knowledge based on training, study or experience – whether opinion wholly or substantially based on that opinion Evidence Act 1995 (Cth) s 79, 135 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 HG v R (1999) 197 CLR 414 Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] FCAFC 157 AUSTRALIAN COMPETITION & CONSUMER COMMISSION v EMERALD OCEAN DISTRIBUTORS PTY LTD and SLENDERTONE HEALTH & BEAUTY PTY LTD and SEAN O'DONOGHUE and EMERALD OCEAN DISTRIBUTORS PTY LTD and SLENDERTONE HEALTH AND BEAUTY PTY LTD SEAN O'DONOGHUE and BIO-MEDICAL RESEARCH LIMITED W118 of 2000 RD NICHOLSON J 24 JULY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W118 of 2000

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: EMERALD OCEAN DISTRIBUTORS PTY LTD

AND: FIRST RESPONDENT

AND: SLENDERTONE HEALTH & BEAUTY PTY LTD

SECOND RESPONDENT

SEAN O'DONOGHUE

THIRD RESPONDENT

EMERALD OCEAN DISTRIBUTORS PTY LTD

FIRST CROSS CLAIMANT

SLENDERTONE HEALTH AND BEAUTY PTY LTD

SECOND CROSS CLAIMANT

SEAN O'DONOGHUE

THIRD CROSS CLAIMANT

BIO-MEDICAL RESEARCH LIMITED

CROSS RESPONDENT JUDGE: RD NICHOLSON J

DATE OF ORDER: 24 JULY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: The objections to the admission of the reports of Mr Graeme Wright, Dr Jefferson Coombes and Dr Anthony Bakker be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.