Joint expert reports: Exclusion from evidence?

In Campton v Centennial Newstan Pty Ltd (No 1) [2014] NSWSC 304, the court was required to consider a number of arguments in support of an application to exclude joint expert reports from evidence. The criticisms of the joint expert process touched on some matters which seem to fall within the control of the lawyers and some matters which fell to the experts. The five broad areas were:

  • Absence of a statement of assumptions for the experts
  • The form of the questions asked of the experts
  • Failure on the part of the experts to identify material relied on
  • Consideration by the experts of extraneous material
  • Absence of reasons from the experts, on their areas of agreement

The defendant’s application to exclude the reports was refused.