Pieter Hoekstra v Residual Assco Industries Pty Ltd & 2 Ors [2004] NSWSC 163

New South Wales Supreme Court

CITATION : Pieter Hoekstra v Residual Assco Industries Pty Ltd & 2 Ors [2004] NSWSC 163 revised - 17/03/2004 HEARING DATE(S) : 11 March 2004 JUDGMENT DATE : 11 March 2004

JUDGMENT OF : Dunford J DECISION : Report rejected except paragraphs 32-39 and sketch of vessel.

CATCHWORDS : Evidence - Expert evidence - report - failure to set out relationship of findings to expert knowledge. LEGISLATION CITED : Evidence Act 1995 Makita (Australia) Pty Limited v Sprowles (2001) NSWCA 305, 52 NSWLR 705 CASES CITED : Ramsby v Watson (1961) 108 CLR 642 Rigby v Shellharbour City Council & anor [2003] NSWSC 877 PARTIES : Pieter Hoekstra v Residual Assco Industries Pty Ltd (formerly known as Adelaide Steamship Industries Pty Limited) & 2 Ors FILE NUMBER(S) : SC 20127/03 B J Gross QC/ B D Dooley - Plaintiff COUNSEL : J N Gleeson QC/ M A Kumar - First Defendant M B Williams SC/ M T Vesper - Second Defendant P E Blacket SC/ J Sleight - Third Defendant Carroll & O'Dea Solicitors - Plaintiff SOLICITORS : Moray & Agnew Solicitors - First Defendant Piper Alderman Solicitors - Second Defendant Ebsworth & Ebsworth Lawyers - Third Defendant

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DUNFORD J

THURSDAY 11 MARCH 2004

20127/03 PIETER HOEKSTRA v RESIDUAL ASSCO INDUSTRIES PTY LIMITED (FORMERLY KNOWN AS ADELAIDE STEAMSHIP INDUSTRIES PTY LIMITED)

JUDGMENT – (Re admissibility of expert's evidence and opinions) 1 HIS HONOUR: The Plaintiff has indicated that he wishes to call Mr Stuart G Lye, a marine engineer as an expert witness, and with that in mind, has served and seeks to tender a report from Mr Lye dated 21 May 2002.