Kabic v Workers Compensation Nominal Insurer (No 2) [2016] NSWSC 1711

Supreme Court New South Wales

Medium Neutral Citation: Kabic v Workers Compensation Nominal Insurer (No 2) [2016] NSWSC 1711 Hearing dates: 12 August 2016 Date of orders: 03 November 2016 Decision date: 05 December 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The entirety of the pressed portions of the report of Mr Ian Burn of 22 October 2014 is admitted, subject to the limitation agreed on 12 August 2016. Catchwords: CIVIL – evidence – personal injury litigation – admissibility of expert report – whether opinions contained within report relevant – whether report based on the training, study or experience of the expert – whether report adequately set out the reasoning upon which opinions were based – report admissible Legislation Cited: Evidence Act 1995 (NSW), ss 55, 60, 79, 136, 144 Occupational Health and Safety Act 2000 (NSW) Occupational Health and Safety Regulation 2001 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 31.27(1)(c) Work Health and Safety Act 2011 (NSW), s 276C Cases Cited: Murray v Sheldon Commercial Interiors Pty Ltd [2016] NSWCA 77 Velevski v The Queen (2002) 76 ALJR 402; [2002] HCA 4 Category: Procedural and other rulings Parties: Milan Kabic (Plaintiff) Workers Compensation Nominal Insurer (First Defendant) Deicorp Constructions (NSW) Pty Ltd (Second Defendant) Calcono Pty Ltd (Third Defendant) Representation: Counsel: R R Bartlett SC (Plaintiff) F Curran (Plaintiff) N E Chen (First Defendant) R Perla (Second and Third Defendants)