Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Ltd & Market Holdings Pty Limited v Donald Robert Argus; Idoport Pty Limited "JMG" v National Australia Bank Limited [28] [2001] NSWSC 529

New South Wales Supreme Court

CITATION : Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Ltd & Market Holdings Pty Limited v Donald Robert Argus; Idoport Pty Limited "JMG" v National Australia Bank Limited [28] [2001] NSWSC 529 FILE NUMBER(S) : SC 50113/98; 50026/99; 3991/00 HEARING DATE(S) : 22/06/01 JUDGMENT DATE : 27 June 2001

Idoport Pty Limited (Plaintiff) Market Holdings Pty Limited (Plaintiff) PARTIES : National Australia Bank Limited (Defendant) Donald Robert Argus (Defendant)

JUDGMENT OF : Einstein J

COUNSEL : Mr M Dicker, Mr R Titterton and Mr R Alkadamani (Plaintiffs) Mr J Halley and Ms K Williams (Defendants) SOLICITORS : Withnell Hetherington (Plaintiffs) Freehills (Defendants) CATCHWORDS : Practice and Procedure - Lay statements of opinion - S.78 Evidence Act - Principles - If a witness's "perception of a matter or event" is relevant, evidence of that perception is admissible - and if evidence of that person's opinion is necessary to obtain an adequate account or understanding of his or her perception, then an opinion based on what that person saw, heard or otherwise perceived about the matter or event is admissible as exception to the opinion rule - There is a clear difference between on the one hand, experts called who were not in earlier years, in any way involved as contemporaneous witnesses and on the other hand, persons not qualified as S.79 experts, but who can give S.78 evidence of a contemporaneous nature as to their then perceptions. - S.135 discretions LEGISLATION CITED : Evidence Act 1995 Trade Practices Act 1974 Allstate Life Insurance Company v Australia and New Zealand Banking Group Limited (No 5 ) (1996) 64 FCR 73; (No 32) (at FCR 75) Guide Dog Owners and Friends Association vs Guide Dog Association of New South Wales (1998) 154 ALR 527 Hughes Aircraft Systems International v Air Services Australia (1997) 80 FCR 276 CASES CITED : Hughes Aircraft Systems International v Airservices Australia (No 3) (1998) ATPR 41-612 Quick v Stoland Pty Ltd (1998) 157 ALR 615 R v Harvey (CCA (NSW), 11 December 1996, unreported) R v Leung and Wong (1999) 47 NSWLR 405 R v Panetta (CCA (NSW), 2 October 1997, unreported), DECISION : Rulings on admissibility given.