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ARTICLE · 14 AUGUST 2023

When will a requirement to adduce evidence referenced in support of an expert opinion be dispensed with?

Ordinarily, for opinion evidence to be admissible, any evidence underpinning the opinion must also be adduced.

AustraliaLitigation, Mediation & Arbitration

In this case, an expert relied upon a number of documents supporting the plaintiff's claim and which lay the foundation for his expert opinion, however those supporting documents were not adduced in evidence.

Background

The plaintiff and the defendant entered a contract, pursuant to which the defendant was to carry out works to supply and install a soil mixing system. The defendant was in breach of certain terms of the contract.

An entry of default judgment was issued in plaintiff's favour. Pursuant to O 13, r 3 of the Supreme Court Rules 1971 (WA), the plaintiff subsequently sought an assessment of damages. The plaintiff was in liquidation and had subrogated its rights in relation to its claim and the sum indemnified under its relevant insurance policy to its insurers.

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