Australia Leading Case opinion and expert evidence

Makita (Australia) Pty Ltd v Sprowles

(2001) 52 NSWLR 705

JurisdictionAustralia

CourtNew South Wales Court of Appeal

Year2001

StatusBinding authority

Summary

Expert opinion evidence is admissible only if the expert identifies the factual basis, reasoning process, and that the opinion falls within their field of specialised knowledge.

Key Principle

Heydon JA (as he then was) set out detailed requirements for the admissibility of expert evidence: the expert must identify the factual basis of the opinion, the reasoning process, and demonstrate that the opinion is within their field of specialised knowledge.

Area of Law

evidence

Related Cases

Warden v Bailey (2020) 103 NSWLR 207

IMM v The Queen (2016) 257 CLR 300

Under UEA s 97, tendency evidence in sexual offence cases requires significant probative value but no striking similarity between the tendency and charged acts.

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Expert opinion evidence is admissible only if based on specialised knowledge, and the expert must identify the facts and reasoning underlying the opinion.

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