Chaina v Presbyterian Church (NSW) Property Trust (No. 8) [2013] NSWSC 187

Chaina v Presbyterian Church (NSW) Property Trust (No. 8) [2013] NSWSC 187

The Court admitted or rejected objections to specific paragraphs based on whether the statements were in proper form, constituted admissible expert evidence with compliance to the Expert Witness Code of Conduct, and on the basis of relevance and probative value. Large portions of the supplementary and main witness statements were rejected on grounds including form, hearsay, speculation, lack of primary facts, and non-compliance with expert evidence requirements.

Jurisdiction
Australia
Judgment Date
18 March 2013
Procedural Posture
Interlocutory Applications / Evidentiary Rulings
Outcome
Evidentiary objections and rulings made as set out in reasons for judgment. Portions of statements are rejected or admitted as indicated.
Legal Topics
['early Rulings on Evidence' 'section 192 a Evidence Act' 'evidentiary Objections' 'expert Evidence' 'form, Hearsay, And Speculation']
['procedure' 'evidence'] ['early Rulings on Evidence' 'section 192 a Evidence Act' 'evidentiary Objections' 'expert Evidence' 'form, Hearsay, and Speculation']

Case Brief

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Procedural Posture

Interlocutory Applications / Evidentiary Rulings

Legal Issues

  1. 1 ['Whether portions of supplementary and main witness statements are admissible as evidence' 'Whether statements constitute expert evidence and comply with Expert Witness Code of Conduct' 'Whether objected statements are in proper form or hearsay' 'Relevance and probative value of evidence']

Ratio Decidendi

The Court admitted or rejected objections to specific paragraphs based on whether the statements were in proper form, constituted admissible expert evidence with compliance to the Expert Witness Code of Conduct, and on the basis of relevance and probative value. Large portions of the supplementary and main witness statements were rejected on grounds including form, hearsay, speculation, lack of primary facts, and non-compliance with expert evidence requirements.

Court Disposition

Evidentiary objections and rulings made as set out in reasons for judgment. Portions of statements are rejected or admitted as indicated.

Orders

  • ['Objections to evidence ruled upon; certain paragraphs of witness statements admitted, others rejected as detailed above; leave granted to Plaintiffs to apply for reinstatement of some expert evidence if witness expertise is proved.']