Australia Leading Case opinion and expert evidence

Makita (Australia) Pty Ltd v Sprowles (Expert Methodology)

[2001] NSWCA 305

JurisdictionAustralia

CourtNew South Wales Court of Appeal

Year2001

StatusBinding authority

Summary

Expert evidence is admissible only where the witness demonstrates the factual foundation, specialised knowledge, and the reasoning process linking them to the opinion.

Key Principle

Expert evidence is admissible only if the witness demonstrates the factual foundation, application of specialised knowledge, and reasoning process.

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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