Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors [2018] NSWSC 1373

Supreme Court New South Wales

Medium Neutral Citation: Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors [2018] NSWSC 1373 Hearing dates: 27, 28, 29, August 2018 Date of orders: 29 August 2018 Decision date: 29 August 2018 Jurisdiction: Common Law Before: Campbell J Decision: Reject the first sentence and third sentence of paragraph 14 of Mr Benson's affidavit Catchwords: EVIDENCE – admissibility of evidence – affidavit – expert evidence – opinion – exceptions – threshold not met Legislation Cited: Evidence Act 1995 (NSW), s 79 Cases Cited: Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21; Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Texts Cited: Nil Category: Procedural and other rulings Parties: Reliance Medical Practice Pty Ltd trading as ATF Reliance Medical Practice Trust (First Cross-Claimant) Rodney John Beckwith (Second Cross-Claimant) Voice Print & Data Australia Pty Ltd (First Cross-Defendant) Christian Altenburg (Second Cross-Defendant) Grant Edwards (Third Cross-Defendant) BHD Leasing Pty Ltd (Sixth Cross-Defendant) Representation: Counsel: G A Moore (Cross-Claimants) A J H Morris QC with I Erskine (First and Third Cross-Defendants) A F Fernon (Second Cross-Defendant) L W Chan (Sixth Cross-Defendant)

Solicitors: Gorval Lynch (Cross-Claimants) Anthony Delaney Lawyers (First and Third Cross-Defendants) O'Neill McDonald Lawyers (Second Cross-Defendant) Holman Webb (Sixth Cross-Defendant) File Number(s): 2016/362193