Spiteri v Commonwealth of Australia [2003] NSWSC 391

New South Wales Supreme Court

CITATION : Spiteri v Commonwealth of Australia [2003] NSWSC 391 HEARING DATE(S) : 5/05/03; 6/05/03; 7/05/03; 8/05/03; 9/05/03 JUDGMENT DATE : 9 May 2003

JUDGMENT OF : Shaw J DECISION : Evidence admitted

CATCHWORDS : Evidence - expert opinion evidence - concessions by counsel - whether use of evidence goes to relevance LEGISLATION CITED : Evidence Act 1995 (NSW) CASES CITED : Huysse v Snowy Mountains Hydro-Electric Authority [1975] 1 NSWLR 401; Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705; PARTIES : Joseph Spiteri - Plaintiff Commonwealth of Australia - Defendant FILE NUMBER(S) : SC 20466/96 COUNSEL : Mr P Hennessy SC with J De Berg - Plaintiff Mr P Jones with A Coleman - Defendant SOLICITORS : Astley, Thompson and Valtas Solicitors - Plaintiff Australian Government Solicitors - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Shaw J

9 May 2003

20466 of 1996 Joseph Spiteri (Plaintiff)

v

The Commonwealth of Australia (Defendant)

JUDGMENT ON ADMISSIBILITY OF EVIDENCE 1 Shaw J: The plaintiff (Mr Spiteri) alleges that he suffered injury as a result of the negligence of the Commonwealth. In particular, he relies upon an incident which occurred on 31 January 1986 at the RAAF Base at Laverton, when some metal shelving fell on him. He says that he incurred significant problems in relation to pain in his neck and back, and psychological problems as a consequence thereof. He claims damages.

2 On 11 June 1999 McInerney AJ of this Court granted leave for the proceedings to be instituted out of time.