Menz v Wagga Wagga Show Society Inc (No 1) [2018] NSWSC 1446

Supreme Court New South Wales

Medium Neutral Citation: Menz v Wagga Wagga Show Society Inc (No 1) [2018] NSWSC 1446 Hearing dates: 25 September 2018 Date of orders: 25 September 2018 Decision date: 25 September 2018 Jurisdiction: Common Law Before: Bellew J Decision: See [48] Catchwords: EVIDENCE – Expert opinion evidence – Whether opinions expressed were based upon the expert's specialised knowledge – Where expert had training and experience in matters involving the management of horses – Where expert purported to express opinions regarding the duties and responsibilities of personnel employed and/or officiating at agricultural shows – Where expert purported to express opinions regarding the behaviour of children – Where the expert report which was sought to be tendered was bereft of the exposition of any reasoning process explaining the opinions which were expressed and to which objection was taken – Evidence excluded Legislation Cited: Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Security and Investments Commission v Rich [2005] NSWSC 706 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 HG v R (1999) 197 CLR 414; [1999] HCA 2 Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd [2000] FCA 1463; (2000) 120 FCR 146 Category: Principal judgment Parties: Kerrie Anne Menz – Plaintiff Wagga Wagga Show Society Inc – Defendant Representation: Counsel: M Cranitch SC, M Inglis & R Wathukarage – Plaintiff J Sexton SC & D Kelly – Defendant