North Steyne Investments Pty Ltd v Raffaella Lina Rapone [2010] NSWSC 762

North Steyne Investments Pty Ltd v Raffaella Lina Rapone [2010] NSWSC 762

Leave was granted to the cross-claimant to adduce oral evidence from Mr Webster as to the sales particulars in the appendix, as the report’s deficiencies did not render it inadmissible given the late objection, lack of a competing valuation, and possibility of making good the assumptions through oral evidence.

Parties
Plaintiff/cross Defendant: North Steyne Investments Pty Ltd; Second Plaintiff: Nescham Home Units Pty Ltd; Defendant/cross Claimant: Raffaella Lina Rapone
Jurisdiction
Australia
Judgment Date
10 May 2010
Procedural Posture
Evidence Ruling / Application for Leave to Call Oral Evidence
Outcome
Leave granted to adduce oral evidence
Legal Topics
Admissibility, Opinion Evidence, Expert Evidence, Land Valuation
Evidence Admissibility Opinion Evidence Expert Evidence Land Valuation

Case Brief

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Parties

North Steyne Investments Pty Ltd

Plaintiff/cross Defendant

Nescham Home Units Pty Ltd

Second Plaintiff

Raffaella Lina Rapone

Defendant/cross Claimant

Procedural Posture

Evidence Ruling / Application for Leave to Call Oral Evidence

Legal Issues

  1. 1 Whether leave should be granted to allow a valuer to give oral evidence regarding facts underlying opinions in his report
  2. 2 Admissibility of expert opinion evidence where some assumptions are unproven
  3. 3 Effect of late objection and absence of competing valuation evidence

Ratio Decidendi

Leave was granted to the cross-claimant to adduce oral evidence from Mr Webster as to the sales particulars in the appendix, as the report’s deficiencies did not render it inadmissible given the late objection, lack of a competing valuation, and possibility of making good the assumptions through oral evidence.

Court Disposition

Leave granted to adduce oral evidence

Orders

  • Leave is granted to the cross-claimant to adduce oral evidence from Mr Webster as to the sales particulars set out in the appendix to his report.