Pan Pharmaceuticals Limited (In Liquidation) v Selim [2008] FCA 416

FEDERAL COURT OF AUSTRALIA

Pan Pharmaceuticals Limited (In Liquidation) v Selim [2008] FCA 416

EVIDENCE – expert evidence – opinion rule – admissibility of experts' reports under section 79 of the Evidence Act 1995 (Cth) – whether evidence is based on specialised knowledge based on training, study or experience – whether the facts and assumptions upon which the opinions are based are adequate – whether evidence is more than a bare ipse dixit

EVIDENCE – general discretion to exclude evidence – section 135 of the Evidence Act 1995 (Cth) – leave to file evidence out of time – whether probative value is substantially outweighed by prejudicial effect – whether admissible opinion evidence is of significant probative value if the facts and assumptions upon which the opinion are based are inadequately detailed in an expert's report – effect of expert's involvement in preparation of one party's case including involvement in drafting of that party's statement of claim – whether expert is sufficiently independent

Evidence Act 1995 (Cth) ss 79, 80, 135 Therapeutic Goods Act 1989 (Cth)

Arnotts Limited v Trade Practices Commission (1990) 24 FCR 313 HG v The Queen (1999) 197 CLR 414 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd (2000) 120 FCR 146 R v Tang (2006) 65 NSWLR 681

IN THE MATTER OF PAN PHARMACEUTICALS LIMITED (IN LIQUIDATION) & ANOR v JAMES SELIM NSD 489 OF 2004

EMMETT J

2 APRIL 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 489 OF 2004

IN THE MATTER OF PAN PHARMACEUTICALS LIMITED (IN LIQUIDATION) BETWEEN: PAN PHARMACEUTICALS LIMITED

First Plaintiff

ANTHONY MCGRATH AND CHRISTOPHER HONEY AS LIQUIDATORS FOR PAN PHARMACEUTICALS LIMITED

Second Plaintiff