Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Casey v DePuy International Ltd (No 4) [2024] FCA 724 File number: ACD 10 of 2010
Judgment of: MARKOVIC J
Date of judgment: 5 July 2024
Catchwords: CONTRACTS – expert determination only reviewable for error of law – whether expert owed duty to accord procedural fairness – where no such duty owed – whether expert applied correct test of causation – whether expert erred in treatment of evidence – where no error of law established – application dismissed
Legislation: Trade Practices Act 1974 (Cth)
Cases cited: Australian Vintage Ltd v Belvino Investments No 2 Pty Ltd (2015) 90 NSWLR 367 Fishlock v Plummer [1950] SASR 176 Lahoud v Lahoud [2010] NSWSC 1297 Shoalhaven City Council v Firedam Civil Engineering Pty Limited (2011) 244 CLR 305 State Government Insurance Commission v Oakley [1990] Aust Torts Reports 81-003 Wallace v Kam (2013) 250 CLR 375 Zeke Services Pty Ltd v Traffic Technologies Ltd [2005] 2 Qd R 563
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 166
Date of hearing: 2; 12 April 2024
Counsel for the Applicant: Dr D Graham SC and Mr S Maybury
Solicitor for the Applicant: Maurice Blackburn
Counsel for the Respondents: Mr R A Dick SC and Mr D T W Wong
Solicitor for the Respondents: Barry Nilsson Lawyers
ORDERS ACD 10 of 2010
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