Salman v Hornsby Shire Council [2023] NSWDC 506

District Court New South Wales

Medium Neutral Citation: Salman v Hornsby Shire Council [2023] NSWDC 506 Hearing dates: 20 - 21 November 2023 Date of orders: 21 November 2023 Decision date: 21 November 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [67] Catchwords: EVIDENCE – expert evidence – case where plaintiff complains of falling after stepping on area in children's playground – expert states qualification as ergonomist – whether expert qualified to express opinions – whether reasoning process to opinions is disclosed to satisfy requirement that the opinion is substantially based upon specialised knowledge Legislation Cited: Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW), s 79, 135, 136 Cases Cited: Bennett v Newcastle City Council (No.1) [2023] NSWDC 225 Lang v R [2023] HCA 29 Category: Procedural rulings Parties: Kathie Beatrice Salman (plaintiff) Hornsby Shire Council (defendant) Representation: Counsel: E Anderson (plaintiff) D Ronzani (defendant)

Solicitors: Gerard Malouf & Partners (plaintiff) Mills Oakley (defendant) File Number(s): 2022/00081971 Publication restriction: Nil

JUDGMENT

Background 1. In this proceeding, the plaintiff, Ms Salman brings an action for damages in negligence after falling on a playground surface at Lessing Park on 28 February 2021. She sues Hornsby Shire Council for what she contends is its responsibility for the care and maintenance of the surface on which she fell. 2. Ms Salman wishes to tender a report by Denis Cauduro dated 10 August 2022. The Council generally objected to the admissibility of the report but also had some more specific objections. His report and curriculum vitae were Exhibit VD1. The report runs to 55 pages (including a single appendix).