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ARTICLE · 14 AUGUST 2019

Admissibility of expert opinion evidence

What happens when the expert ventures outside the realm of specialised knowledge?

AustraliaLitigation, Mediation & Arbitration
Sarah Roper
Sarah Roper

In brief - What happens when the expert ventures outside the realm of specialised knowledge?

Litigators should be aware of the decision of Menz v Wagga Wagga Show Society Inc (No 1) [2018] NSWSC 1446, in which the Supreme Court of New South Wales emphasised that the admissibility of expert opinion evidence depends on whether or not it falls within the parameters of an expert's specialised knowledge.

Rider crushed by spooked horse relies on expert's opinion in suing for damages

The plaintiff in these proceedings had been crushed by a horse that she was riding at the Wagga Wagga Agricultural Show on 28 September 2012. She alleged that her horse was "spooked" by a loud noise created by children in the near vicinity of the racecourse, which ultimately caused her to incur multiple injuries.

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