Automasters Australia Pty Ltd v Bruness Pty Ltd & Anor

[2004] WASCA 229

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Expert evidence
3. › Admissibility
4. › Reliance on hearsay evidence
5. › Whether expert's conclusions inadmissible where based in part on inadmissible hearsay
6. › Distinction between specific and non-specific hearsay
7. › Whether inadmissible material could be ascertained and discarded leaving admissible evidence
1. Damages
2. › Assessment of damages
3. › Loss of profits
4. › Expert evidence of projected profits
5. › Whether adequate basis for expert's projections
6. › Whether trial judge erred in preferring evidence of one expert over another

Quick Take

An expert's conclusions are not rendered inadmissible merely because the expert relied in part on inadmissible hearsay evidence, provided the inadmissible material can readily be ascertained and discarded, leaving a substantial body of admissible evidence supporting the opinion. Evidence of a particular comparable business used to infer the value of the property directly in issue constitutes 'specific hearsay' that must be proved by direct admissible evidence.