Sural SpA & Anor v Downer EDI Rail Pty Limited [2007] NSWSC 1164

New South Wales Supreme Court

CITATION : Sural SpA & Anor v Downer EDI Rail Pty Limited [2007] NSWSC 1164

HEARING DATE(S) : 8/10/07, 9/10/07, 11/10/07, 12/10/07, 15/10/07, 16/10/07 JURISDICTION : Equity Division Technology and Construction List

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 16 October 2007

DECISION : Rulings on admissibility of expert's report.

CATCHWORDS : Evidence - Expert evidence - Evidence Act 1995, s.79 - Admissibility - Need to identify assumptions - transparency of reasoning processes

LEGISLATION CITED : Evidence Act 1995

CASES CITED : Australian Securities & Investment Commission v Rich (2005) 218 ALR 764 HG v The Queen (1999) 197 CLR 414

Sural SpA (First Plaintiff) PARTIES : Sural CA (Second Plaintiff) Downer EDI Rail Pty Limited (Defendant)

FILE NUMBER(S) : SC 55058/04

COUNSEL : Mr W F Lally QC, Mr J P Slattery (Plaintiffs) Mr M J Leeming SC, Mr M A Jones (Defendant)

SOLICITORS : Clayton Utz (Plaintiffs) Corrs Chambers Westgarth (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST

EINSTEIN J

Tuesday, 16 October 2007 ex tempore Revised Wednesday 17 October 2007

55058/04 - Sural SpA & Anor v Downer EDI Rail Pty Limited JUDGMENT The challenge to the admissibility of the report of Mr Masters 1 The Sural parties have objected to the admissibility of the evidence given by Mr Masters, who is called by Downer to give expert evidence. The specialised knowledge 2 The report of Mr Masters sets out his training study and experience in considerable detail: cf paragraphs 2.1-2.6 from Mr Masters report on pages 1 and 2. 3 Plainly he has acquired considerable specialised knowledge equipping him with an entitlement to express opinions [wholly or substantially based upon that specialised knowledge] in relation to: