Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Huon Aquaculture Group Limited v Secretary, Department of Primary Industries, Parks, Water and Environment [2017] FCA 1615 File number: TAD 4 of 2017
Judge: KERR J
Date of judgment: 22 December 2017
Catchwords: EVIDENCE – admissibility – opinion evidence – evidence tendered to establish subjective view of Applicants – whether admissible under s 77 of the Evidence Act 1995 (Cth) to establish truth of contents – order sought limiting use of opinion evidence – order made pursuant to s 136 of the Evidence Act 1995 (Cth) EVIDENCE – contention that evidence relates to a matter not genuinely in dispute within the meaning of s 190(3) of the Evidence Act 1995 (Cth)
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Evidence Act 1995 (Cth) ss 51, 60, 77, 81, 135, 136, 190
Cases cited: Hamod v State of New South Wales (No 10) [2008] NSWSC 611 Lithgow City Council v Jackson [2011] HCA 36; (2011) 244 CLR 352 Papakosmas v R [1999] HCA 37; 196 CLR 297
Date of hearing: 21 December 2017
Registry: Tasmania
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 64
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