Peri Australia Pty Limited v Celtic Form Pty Limited (No 2) [2009] NSWDC 394

New South Wales District Court

CITATION: Peri Australia Pty Limited v Celtic Form Pty Limited (No 2) [2009] NSWDC 394

JUDGMENT DATE: 6 October 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The evidence is allowed.

CATCHWORDS: CIVIL LAW - evidence - admissibility of evidence on grounds of breach of opinion rule - building proprietor no formal qualifications but own experience - expert reports

PARTIES: Peri Australia Pty Limited v Celtic Form Pty Limited

FILE NUMBER(S): 6111/08

COUNSEL: Mr H Stitt (for the plaintiff) Mr B Hull (for the defendant)

JUDGMENT

1. Mr Stitt has objected to evidence being led from this witness, Frank McGuire. Frank McGuire is the second defendant in these proceedings. The objection focuses on evidence being given by Mr McGuire about problems which Mr McGuire asserts he and the first defendant, Celtic Form Pty Limited -of which he was the sole director - encountered on a building site on which they were undertaking work. It is their case that the problems they encountered were the result of breaches of a contract between the first defendant and the plaintiff.

2. Mr Stitt's objection focuses on Mr McGuire's evidence about the nature of the problems which he and his company encountered in doing the building work. Examples of the nature of the problems are contained in paras 32 and 33 of exhibit 1.

3. Mr Stitt argues that the evidence being given by Mr McGuire is opinion evidence and that Mr McGuire is not qualified to give that evidence. Mr Hull a short time ago led evidence from Mr McGuire to the effect that he has been working in the field which he and his company were working in in this case since 1991. Although he has no formal qualifications, he has worked continuously since 1991 all around the world.