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While the section is framed in terms declaring in principle the admissibility of expert
opinion evidence, it makes it clear (confirming the common law position) that such
admissibility is dependent upon certain conditions being satisfied. In particular :-
(a)
the subject matter of the opinion must fall within an area in which expert
evidence may properly be given;
(b)
the witness must be qualified as an expert to give the evidence of the type in
question; and,
(c)
his evidence must be relevant to the issues being litigated.
The first two of these admissibility conditions relate to the witness and the evidence
qualifying for expert status and the third concerns relevance. In R v Bonython [1984]
SASR 45 at 46,
King CJ explained the court's approach to the first two conditions as
follows :-
"Before admitting the opinion of a witness into evidence as expert testimony, the judge must
consider and decide two questions. The first is whether the subject matter of the opinion falls
within the class of subjects upon which expert testimony is permissible. This first question
may be divided into two parts: (a) whether the subject matter of the opinion is such that a
person without instruction or experience in the area of knowledge or human experience
would be able to form a sound judgment on the matter without the assistance of witnesses
possessing special knowledge or experience in the area and (b) whether the subject matter of
the opinion forms part of a body of knowledge or experience which is sufficiently organised
or recognised to be accepted as a reliable body of knowledge or experience, a special
acquaintance with which of the witness would render his opinion of assistance to the court.
The second question is whether the witness has acquired by study or experience sufficient
knowledge of the subject to render his opinion of value in resolving the issue before the
court."
Notes
Cited with approval in The Ardent [1997] 2 Lloyd's Rep 547 at 597; and in Barings plc (in
liquidation) v Coopers & Lybrand, et al (Unreported) Lexis transcript 9 February 2001, Evans-
Lombe J at §35.
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