Searle v Commonwealth of Australia (No.6) [2022] NSWSC 1326

Supreme Court New South Wales

Medium Neutral Citation: Searle v Commonwealth of Australia (No.6) [2022] NSWSC 1326 Hearing dates: 9 March 2022 Date of orders: 9 March 2022 Decision date: 09 March 2022 Jurisdiction: Common Law Before: Garling J Decision: See [36]-[37] Catchwords: EVIDENCE — opinion evidence — exceptions — expert opinion — whether opinion wholly or substantially based on specialised knowledge Legislation Cited: Evidence Act 1995 (NSW) ss 76, 79 Cases Cited: Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Texts Cited: Not Applicable Category: Procedural rulings Parties: Clayton William Searle (P) Commonwealth of Australia (D) Representation: Counsel: N J Kidd SC / D Meyerowitz-Katz (P) K Andronos SC / S Keizer (D)

Solicitors: Levitt Robinson (P) McCullough Robertson (D) File Number(s): 2016/45027 Publication restriction: Not Applicable

EX TEMPORE Judgment 1. Objection is taken to parts of two expert reports tendered by the plaintiff. Those two reports are both written by Mr Matthew Hunter and both refer to specific circumstances relating to Patrick Burnett, one of the sailors whose claims for damages is presently being assessed. The first report is dated 28 October 2021 (the "First Burnett Report"). 2. The second, which is dated 13 January 2022 ("the Second Burnett Report), seeks to correct some arithmetic calculations made in the first report so as to ensure that there is not an inappropriate double counting of particular earnings. It is in that respect that the Second Burnett Report is a supplementary report, the admissibility of which depends upon the admissibility of the first report.