Armstrong Strategic Management and Marketing Pty Limited v Expense Reduction Analysts Group Pty Ltd (No 8) [2016] NSWSC 384

Supreme Court New South Wales

Medium Neutral Citation: Armstrong Strategic Management and Marketing Pty Limited v Expense Reduction Analysts Group Pty Ltd (No 8) [2016] NSWSC 384 Hearing dates: 5 & 6 April 2016 Decision date: 06 April 2016 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The expert report of Joe Willis dated 25 August 2015 is rejected. Catchwords: EVIDENCE - expert evidence - expert witness code of conduct - failure to provide code to expert witness - whether failure cured by later affidavit asserting compliance with the Code - s79(1) Evidence Act 1995 - principles in Dasreef - no application of specialised knowledge - whether defendants are prevented by earlier order from objecting to evidence - s135 Evidence Act 1995 - exclusion - probative value outweighed by unfair prejudice. Legislation Cited: Evidence Act 1995 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dasreef Pty Limited v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Hodder Rook & Associates Pty Ltd v Genworth Financial Mortgage Insurance Pty Ltd [2011] NSWCA 279 Welker & Ors v Rinehart & Anor (No 6) [2012] NSWSC 160 Category: Procedural and other rulings Parties: Armstrong Strategic Management and Marketing Pty Limited (First Plaintiff) Armstrong Consulting Pty Ltd (Second Plaintiff) Kenneth Alan Armstrong (Third Plaintiff) Expense Reduction Analysts Group Pty Ltd (First Defendant) ERA Insurance Services Pty Ltd (Second Defendant) Expense Reduction Analysts Australasia Pty Ltd (Third Defendant) Stuart Roy Michael (Fourth Defendant) Ronald Clucas (Fifth Defendant) Charles Frederick Marfleet (Sixth Defendant) ERAGICS Limited (Seventh Defendant) Expense Reduction Analysts International Limited (Eighth Defendant) Keith John Chapman (Ninth Defendant) Anthony Frederick Dormer (Tenth Defendant) Representation: Counsel: