Campton v Centennial Newstan Pty Ltd (No 1) [2014] NSWSC 304

Supreme Court New South Wales

Medium Neutral Citation: Campton v Centennial Newstan Pty Ltd (No 1) [2014] NSWSC 304 Hearing dates: 24-27 February 2014; 17-21 March 2014 Decision date: 21 March 2014 Jurisdiction: Common Law Before: Hall J Decision: (1)The defendant's application to exclude from evidence the joint reports of the four conclaves referred to in [16] from evidence, is refused. (2)I will hear the parties on the question of costs. Catchwords: PRACTICE AND PROCEDURE - Expert evidence - Joint reports of experts - Admissibility of joint reports - Whether reasons are required for agreement between experts - Whether conclave failed to identify the material it relied upon - Whether consideration of extraneous material by the conclave constituted an irrelevant consideration - Whether experts are required to be provided with a joint statement of assumptions - Whether the questions asked of the conclave were drafted in terms that addressed relevant issues and matters appropriate for consideration by experts - Whether the joint reports are inconsistent with the common law "statement of reasoning" rule - Whether the joint reports are inconsistent with the Makita principle - Application of s 79 of the Evidence Act to joint reports of experts - Whether Court should exercise discretion to exclude the joint reports under s 135 of the Evidence Act Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Ainsworth v Burden [2005] NSWCA 174 Barescape Pty Ltd v Bacchus Holdings Pty Ltd [2011] NSWSC 1002 Collins v Sydney Ports Corporation [2012] NSWSC 115 Dasreef Pty Ltd v Hawchar [2011] HCA 21, (2011) 243 CLR 588 Gillett v Robinson [2011] NSWSC 1143 Goddard v Central Coast Health Network [2013] NSWSC 1932 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Re GHI (a Protected Person) [2005] NSWCA 466 Turjman v Stonewall Hotel Pty Ltd [2011] NSWCA 392 X v Sydney Children's Hospitals Specialty Network (No 4) [2011] NSWSC 1310 X v Sydney Children's Hospitals Specialty Network (No 5) [2011] NSWSC 1351 X v Sydney Children's Hospitals Specialty Network (No 6) [2011] NSWSC 1353 Texts Cited: Australian Law Reform Commission Report 102, "Uniform Evidence Law" (2006) Judicial Review of Administrative Action, Aaronson, Dyer & Groves (LawBook, 3rd ed, 1973) Ritchie's Uniform Civil Procedure NSW Category: Interlocutory applications Parties: Ian Barry Campton (Plaintiff) Centennial Newstan Pty Ltd (Defendant) Representation: Counsel: B Dooley SC; P O'Rourke (Plaintiff) M Joseph SC; D Stanton (Defendant) Solicitors: Whitelaw McDonald (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2012/70316