A recent decision in the Supreme Court of NSW emphasised the need for solicitors to be careful when selecting experts to give evidence in a case.
In Mary Perera v Westmead Private Hospital [2022] NSWSC 235, the plaintiff obtained a report from a psychologist who gave an opinion in relation to results of some neuropsychological testing which the plaintiff had undergone and which was performed by a neuropsychologist – a different specialty to psychology.
The defendant sought orders that the report of the psychologist not be admitted into evidence for several reasons including that the psychologist did not have the specialised knowledge required to express an opinion about the plaintiff’s cognitive impairment, pursuant to section 79 of the Evidence Act 1995. The judge granted the orders sought by the defendant, noting that the psychologist’s CV did not show that he had an endorsement in clinical neuropsychology or any qualifications associated with neuropsychology skills, training and experience.