NSW Caselaw
New South Wales Supreme Court
CITATION : Quintano v B W Rose Pty Ltd [2008] NSWSC 957
HEARING DATE(S) : 28 July 08 JURISDICTION : Common Law Division Professional Negligence List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 28 July 2008
DECISION : Report admitted, subject to rejection of various parts.
CATCHWORDS : EVIDENCE – EXPERT EVIDENCE – admissibility of report of licensed security consultant on security regime of first defendant – whether report sufficiently discloses facts or assumptions upon which opinions are based – whether permissible for an expert to express opinions based on facts that he or she has deduced from reading a body of evidentiary material – whether deduced facts are disclosed in a way which enables the Court to ascertain whether or not they have been otherwise proven – whether opinions disclose underlying rationale demonstrating that they are founded in specialised knowledge or which permit them to be tested – whether opinions expressed are mere ipse dixit.
LEGISLATION CITED : (NSW) Evidence Act 1995, s79
CATEGORY : Procedural and other rulings
CASES CITED : Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705
Luke Quintano (plaintiff) PARTIES : BW Rose Pty Ltd (first defendant) AWS Security Services Pty Ltd (second defendant)
FILE NUMBER(S) : SC 20130/04
COUNSEL : Mr H J Marshall SC w Mr D J Hooke (plaintiff) Mr S G Campbell SC w Mr A B Parker (second defendant)
SOLICITORS : Beilby Poulden Costello (plaintiff) Curwood & Partners (second defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
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