Suttram Pty Limited v Michelin Australia Pty Limited [2008] NSWDC 205

New South Wales District Court

CITATION: Suttram Pty Limited v Michelin Australia Pty Limited [2008] NSWDC 205

JUDGMENT DATE: 17 April 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Objections rejected.

CATCHWORDS: Negligence - Breach of contract - Objection to tender - Report of expert witness - Compliance with r31.23 Uniform Civil Procedure Rules 2005 - Misleading or confusing evidence

District Court Rules 1973 LEGISLATION CITED: s135 Evidence Act 1995 r31.23 Uniform Civil Procedure Rules 2005

Commonwealth Development Bank of Australia Pty Limited v Claude George Rene Cassegrain [2002] NSWSC 980 CASES CITED: Investment Source v Knox Street Apartments [2007] NSWSC 1128 Makita Australia Pty Limited v Sprowles (2001) 52 NSWLR 705 United Rural Enterprises Pty Limited v Lopmand Pty Limited and Ors [2003] NSWSC 870

PARTIES: Suttram Pty Limited Michelin Australia Pty Limited

FILE NUMBER(S): 4530 of 2006

COUNSEL: Mr Sharpe for the Plaintiff Mr Vincent for the (2nd) Defendant

JUDGMENT

1. In these proceedings Mr Sharpe, who appears for the plaintiff, has tendered a report of Carl Veen Tyre Consulting Services dated 31 March 2008. Mr Vincent, who appears for the second defendant, has objected to the tender of that report. His objection needs to be understood by reference to the form of the report of 31 March 2008, which became exhibit VDH in voir dire proceedings which were conducted for me to determine the admissibility of the report.

2. As the author of the report Mr Carl Veen says in the covering letter of the report it is a "compilation of all my reports and correspondence regarding a Michelin truck tyre inspected by me on 5 March 2002". The report which is tendered comprises the setting out, in almost the exact terms, of four earlier reports provided by Mr Veen. They are reports dated 12 March 2002 (which became exhibit VDC) 5 October 2005 (which became exhibit VDB) a report dated 17 July 2002 referring to a report of Mr Herzog and a further report dated 17 July 2002 (which became exhibit VD2) and which was more by way of a response to correspondence. A further component of the report tendered by Mr Sharpe was a report dated 31 March 2008.