Chaina v Presbyterian Church (NSW) Property Trust (No. 23) [2013] NSWSC 1675

Chaina v Presbyterian Church (NSW) Property Trust (No. 23) [2013] NSWSC 1675

Dr Richardt's report is rejected because it lacks a demonstrated evidentiary basis for the costings, is not relied upon by any other expert, and contains no evidence of sale prices or volumes, making it irrelevant.

Jurisdiction
Australia
Judgment Date
13 November 2013
Procedural Posture
Interlocutory Application / Evidentiary Objection
Outcome
Report rejected
Legal Topics
['expert Evidence' 'admissibility of Expert Reports']
['evidence'] ['expert Evidence' 'admissibility of Expert Reports']

Case Brief

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Procedural Posture

Interlocutory Application / Evidentiary Objection

Legal Issues

  1. 1 ["Whether Dr Richardt's expert report should be admitted as evidence" 'Whether there is a sufficient evidentiary basis for the costings calculated in the expert report']

Ratio Decidendi

Dr Richardt's report is rejected because it lacks a demonstrated evidentiary basis for the costings, is not relied upon by any other expert, and contains no evidence of sale prices or volumes, making it irrelevant.

Court Disposition

Report rejected

Orders

  • ['The report of Dr Richardt of 9 August 2012 is rejected.']