Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 5) [2009] FCA 1320 EVIDENCE — Expert evidence — Application to reject tender of expert report — Relevance — Whether expert's evidence based on specific knowledge based on that expert's study, training or experience — Importance of identifying the relevant opinion of the expert and the material upon which the opinion is based — Whether expert has expertise with respect to the issues on the pleadings — Held expert does have particular expertise — Held expert report covers wider issues than those on the pleadings — Held difficulties distinguishing fact from opinion within expert report — Held detailed editorial exercise would be necessary to separate relevant from irrelevant - Tender of whole pressed – Held Application allowed and tender of report rejected
Environment Protection and Biodiversity Conservation Act (1999) ss 142, 475 Evidence Act 1995 (Cth) ss 55, 56, 76, 79
Evans Deakin Proprietary Limited v Sebel Furniture Limited [2003] FCA 171 applied WIDE BAY CONSERVATION COUNCIL INC v BURNETT WATER PTY LTD ACN 097 206 614
QUD 319 of 2008
LOGAN J
10 NOVEMBER 2009
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 319 of 2008
BETWEEN: WIDE BAY CONSERVATION COUNCIL INC
Applicant
AND: BURNETT WATER PTY LTD ACN 097 206 614
Respondent
JUDGE: LOGAN J
DATE OF ORDER: 10 NOVEMBER 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Paragraph 17(a) of the Further Amended Statement of Claim be struck out. 2. The tender in evidence of the report of Mr Jim Tait is rejected. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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