Street & 7 Ors v Luna Park Sydney Pty Ltd & 3 Ors [2007] NSWSC 1529

Street & 7 Ors v Luna Park Sydney Pty Ltd & 3 Ors [2007] NSWSC 1529

Because Mr Edmonds was qualified to give valuation opinions and the impugned articles and excerpts were tendered only to illustrate the body of knowledge informing his opinion, not to prove the truth of their contents, their non-peer reviewed status and the absence of proof of the facts and opinions within them did not render his opinions inadmissible; the material was admitted only on that limited basis.

Jurisdiction
Australia
Judgment Date
17 October 2007
Procedural Posture
Evidence; Expert Evidence Admissibility Ruling in Equity Division Proceedings / Ex Tempore Judgment on Admissibility of Evidence
Outcome
Affidavit and annexed documents admitted, with tabs 10, 11 and 12 admitted on a limited basis.
Legal Topics
['expert Evidence' 'valuation Evidence' 'non Peer Reviewed Literature' 'limited Admissibility Under Evidence Act 1995, S 136']
['evidence'] ['expert Evidence' 'valuation Evidence' 'non Peer Reviewed Literature' 'limited Admissibility Under Evidence Act 1995, S 136']

Case Brief

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Procedural Posture

Evidence; Expert Evidence Admissibility Ruling in Equity Division Proceedings / Ex Tempore Judgment on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether an expert valuer's affidavit and annexed literature about the impact of noise on property value should be received into evidence." "Whether literature not published in peer reviewed journals and not tendered to prove the truth of its contents could be used to illustrate the body of knowledge on which the expert's opinion was based."]

Ratio Decidendi

Because Mr Edmonds was qualified to give valuation opinions and the impugned articles and excerpts were tendered only to illustrate the body of knowledge informing his opinion, not to prove the truth of their contents, their non-peer reviewed status and the absence of proof of the facts and opinions within them did not render his opinions inadmissible; the material was admitted only on that limited basis.

Court Disposition

Affidavit and annexed documents admitted, with tabs 10, 11 and 12 admitted on a limited basis.

Orders

  • ['The affidavit of Philip Edmonds, sworn 27 August 2007, and the documents annexed to it will be read.' 'Pursuant to Evidence Act 1995, s 136, the documents contained in tabs 10, 11, and 12 are evidence only of the fact of their contents and not the truth of the facts and opinions which they contain.']