NSW Caselaw
New South Wales Supreme Court
CITATION : Hudson v Howes & Ors [2010] NSWSC 1503
HEARING DATE(S) : On the papers
JUDGMENT DATE : 22 December 2010
JUDGMENT OF : Garling J
DECISION : Plaintiff's list of questions are to be amended as specified, and a list of factual assumptions is to be included.
CATCHWORDS : PRACTICE AND PROCEDURE – Expert witnesses – Conference of expert witnesses before trial – Assumptions of fact to be put to expert witnesses at conference – Questions to be put to expert witnesses at conference. - EVIDENCE – Expert opinion evidence – Basic principle that opinions must be based on assumed facts – Not a function of expert witnesses to make opinions based on their own unstated findings of fact from evidence provided to them
CATEGORY : Procedural and other rulings
R v Fowler (1985) 39 SASR 440 CASES CITED : Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 at 731 Trade Practices Commission v Arnotts Limited (No.5) (1990) 21 FCR 324
Robert Hudson (P) Penny Howes (D1) PARTIES : Rodney Howes (D2) Moruya Jockey Club Limited (D3) Racing NSW (D4)
FILE NUMBER(S) : SC 2009/297858
Slater & Gordon Lawyers P) Wotton Kearney (D1) SOLICITORS : Wotton Kearney (D2) Edwards Michael Lawyers (D3) Edwards Michael Lawyers (D4)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
GARLING J
WEDNESDAY, 22 DECEMBER 2010
2009/297858 HUDSON v HOWES & ORS
JUDGMENT
Joint Conference of Liability Experts
1 HIS HONOUR: The Court has ordered that there be a joint conference of the experts who express opinions on issues relating to liability in this proceeding. 2 The aim of any such conference is to:
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