NSW Caselaw
New South Wales Supreme Court
CITATION : AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2009] NSWSC 1291
HEARING DATE(S) : 27 October 2009 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 27 October 2009
DECISION : Report rejected, leave granted to adduce supplementary evidence on terms as to adjournment and costs
CATCHWORDS : EVIDENCE – admissibility of expert report – where report does not sufficiently disclose rationale – leave to adduce supplementary evidence
LEGISLATION CITED : (NSW) Evidence Act, 1995 s 79(1)
CATEGORY : Procedural and other rulings
CASES CITED : Makita v Sprowles (2001) 52 NSWLR 705
AMI Australia Holdings Pty Ltd (first plaintiff) Advanced Medical Institute Pty Ltd (second plaintiff) PARTIES : Fairfax Media Publications Pty Ltd (first defendant) Rita Almohty (second defendant) Kelly Burke (third defendant) Kate McClymont (fourth defendant)
FILE NUMBER(S) : SC 3219/09
COUNSEL : Mr M Green w Dr E M Peden (plaintiffs) Mr D R Sibtain w Mr M A Polden (first, third & fourth defendants)
Bruce Stewart Dimarco (plaintiffs) SOLICITORS : Johnson Winter & Slattery (first, third and fourth defendants) TressCox Lawyers (second defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRERETON J
Tuesday 27 October 2009
3219/09 AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd & ors JUDGMENT (ex tempore – admissibility of Professor Day's report) 1 HIS HONOUR: Professor Day is an eminent consultant physician specializing in clinical pharmacology and rheumatology. He has been asked by the defendants to express an opinion on the following question, "Whether use of AMI products over a period of one to two years enhances the results?" That is obviously enough a request for an opinion on a matter involving expertise. 2 Under the (NSW) Evidence Act 1995, s 79(1), if a person has specialised knowledge based on the person's training, study or experience the opinion rule does not apply to an opinion of that person that is wholly or substantially based on that knowledge. In the course of endeavouring to answer the question posed, Professor Day says, for example: Whether it takes two to three weeks for PE to be relieved in the case of PE is unknown to me. And: I am unaware of any convincing clinical trial data that provides sound clinical evidence of the effectiveness of either of these medicines in the management of PE.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate