Nair-Smith v Perisher Blue Pty Ltd [2012] NSWSC 1070

Supreme Court New South Wales

Medium Neutral Citation: Nair-Smith v Perisher Blue Pty Ltd [2012] NSWSC 1070 Hearing dates: 27-30 August, 3 to 10 September 2012 Decision date: 10 September 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: Evidence admitted. Catchwords: Opinion evidence - mechanical engineer and ergonomist - evidence admitted - no question of principle. Legislation Cited: Evidence Act 1995 - s 79 Cases Cited: - Australian Securities and Investments Commission v Rich [2005] NSWCA 152; 218 ALR 764 - Australian Securities and Investments Commission v Vines [2003] NSWSC 1095; 48 ACSR 291 - Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588 - HG v R [1999] HCA 2; 197 CLR 414 - Makita (Aust) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Category: Interlocutory applications Parties: Ghita Nair-Smith - Plaintiff Perisher Blue Pty Ltd - Defendant Representation: Counsel: D.A. Wheelahan QC, Gary J. Smith (Plaintiff) J.E. Maconachie QC, R. Montgomery (Defendant) Solicitors: Lough & Wells (Plaintiff) DibbsBarker (Defendant) File Number(s): 2006/294818

Judgment 1Senior Counsel for the defendant, Mr Maconachie QC, has objected to the admission of the entirety of the opinion evidence given by an engineer and ergonomist engaged on behalf of the plaintiff, Mr Mark Dohrmann. He submits that it has not been established that Mr Dohrmann's opinions are wholly or substantially based on specialised knowledge which is in turn based on Mr Dohrmann's training, study or experience within the meaning of s 79(1) of the Evidence Act 1995.