Commonwealth Bank of Australia v Rafidi [2016] NSWSC 1239

Commonwealth Bank of Australia v Rafidi [2016] NSWSC 1239

Leave should be granted to the cross-claimants to rely on the specified reports for the purposes of the proceeding, with all questions of admissibility (including under UCPR r 31.23) and any evidentiary objections reserved to the trial judge.

Jurisdiction
Australia
Judgment Date
12 August 2016
Procedural Posture
Equity Commercial List / Interlocutory Application (notice of Motion) Regarding Leave to Rely on Expert and Valuation Reports Prior to Trial
Outcome
Leave granted to applicants to rely on reports. All questions of admissibility, including objections based on UCPR r 31.23, reserved to the trial judge.
Legal Topics
['expert Evidence' 'admissibility' 'valuation Reports' 'practice and Procedure']
['civil Procedure'] ['expert Evidence' 'admissibility' 'valuation Reports' 'practice and Procedure']

Case Brief

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Procedural Posture

Equity Commercial List / Interlocutory Application (notice of Motion) Regarding Leave to Rely on Expert and Valuation Reports Prior to Trial

Legal Issues

  1. 1 ['Whether the applicants (cross-claimants) should be granted leave to rely on existing valuations and prior expert reports notwithstanding earlier procedural orders' 'Whether such reports are admissible pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 31.23']

Ratio Decidendi

Leave should be granted to the cross-claimants to rely on the specified reports for the purposes of the proceeding, with all questions of admissibility (including under UCPR r 31.23) and any evidentiary objections reserved to the trial judge.

Court Disposition

Leave granted to applicants to rely on reports. All questions of admissibility, including objections based on UCPR r 31.23, reserved to the trial judge.

Orders

  • ['Leave granted to rely on reports described in the first schedule of the notice of motion filed 4 August 2016, subject to any objection being reserved to the trial judge.' 'Leave granted in respect of the first, second, and fourth reports referred to in the second schedule of motion, subject again to all objections...