Chaina v Presbyterian Church (NSW) Property Trust (No. 17) [2013] NSWSC 1580

Chaina v Presbyterian Church (NSW) Property Trust (No. 17) [2013] NSWSC 1580

The report was not rejected at this stage because the author demonstrated sufficient expertise, the report considered the relevant period from 1999 to 2016 and was not solely concerned with later matters, and any present lack of evidentiary support for assumptions was a matter that could ultimately affect weight after the evidence and submissions were complete.

Jurisdiction
Australia
Judgment Date
04 November 2013
Procedural Posture
Interlocutory Applications / Objection to Expert Evidence Admissibility During Hearing
Outcome
Report of Ben Wheaton of January 2012 not rejected at this stage of the hearing.
Legal Topics
['expert Evidence' 'admissibility' 'expertise of Expert Witness' 'assumptions in Expert Report' 'relevant Time Period']
['evidence'] ['expert Evidence' 'admissibility' 'expertise of Expert Witness' 'assumptions in Expert Report' 'relevant Time Period']

Case Brief

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Procedural Posture

Interlocutory Applications / Objection to Expert Evidence Admissibility During Hearing

Legal Issues

  1. 1 ['Whether the author of the January 2012 report of Ben Wheaton had the necessary expertise to give the opinions in the report.' 'Whether the report was inadmissible because it did not relate to the relevant time period.' 'Whether assumptions made in the report were unsupported by the evidence.' 'Whether material concerning the domestic market should be admitted.']

Ratio Decidendi

The report was not rejected at this stage because the author demonstrated sufficient expertise, the report considered the relevant period from 1999 to 2016 and was not solely concerned with later matters, and any present lack of evidentiary support for assumptions was a matter that could ultimately affect weight after the evidence and submissions were complete.

Court Disposition

Report of Ben Wheaton of January 2012 not rejected at this stage of the hearing.

Orders

  • ['The report will not at this stage be rejected.']