Pastizzi Cafe Pty Ltd v Hossain (No 3) [2011] NSWSC 787

The revised expert affidavit failed to set out the basis of the reasoning leading to the conclusion of insolvency and provided only a tentative opinion, thus was rejected as evidence.

Jurisdiction: Australia
Judgment Date: 22 July 2011
Procedural Posture: Procedural and Other Rulings / Ruling on Admissibility of Expert Evidence
Outcome: Use of revised expert evidence refused.
Legal Topics: ['expert Evidence' 'admissibility of Expert Affidavit']

['evidence'] ['expert Evidence' 'admissibility of Expert Affidavit']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Ruling on Admissibility of Expert Evidence

Legal Issues

1 ['Whether the revised expert affidavit of Mr Fiorentino is admissible']

Ratio Decidendi

The revised expert affidavit failed to set out the basis of the reasoning leading to the conclusion of insolvency and provided only a tentative opinion, thus was rejected as evidence.

Court Disposition

Use of revised expert evidence refused.

Orders

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