Allatech v Construction Management Group [2002] NSWSC 757

Allatech v Construction Management Group [2002] NSWSC 757

Mr Jugmans' report complied with the applicable principles for admissible expert opinion evidence. Its assumptions and inferences were clearly identified, pertinent to the issues and reasonable as a response to Mr Humphreys' report. CMG's complaints about late service, new material, assumptions, alleged overlooked facts and fairness went to weight or could be managed procedurally, and did not justify exclusion under s 135 of the Evidence Act 1995 (NSW), particularly after CMG's expert report had been admitted.

Jurisdiction
Australia
Judgment Date
23 August 2002
Procedural Posture
Equity Proceeding Seeking an Order Under S 445 D of the Corporations Act 2001 (cth) Terminating a Deed of Company Arrangement / Interlocutory Ruling During Hearing on Admissibility of an Expert's Report
Outcome
Expert's report allowed into evidence
Legal Topics
['expert Opinion Evidence' 'assumptions and Inferences of Fact by Expert Witnesses' 'discretion to Exclude Evidence Under S 135 of the Evidence Act 1995 (nsw)' 'deed of Company Arrangement' 'solvency Evidence' 'reference Under Part 72 of the Supreme Court Rules']
['evidence' 'corporations Law' 'insolvency' 'civil Procedure'] ['expert Opinion Evidence' 'assumptions and Inferences of Fact by Expert Witnesses' 'discretion to Exclude Evidence Under S 135 of the Evidence Act 1995 (nsw)' 'deed of Company Arrangement' 'solvency Evidence' 'reference Under Part 72 of the Supreme Court Rules']

Case Brief

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Procedural Posture

Equity Proceeding Seeking an Order Under S 445 D of the Corporations Act 2001 (cth) Terminating a Deed of Company Arrangement / Interlocutory Ruling During Hearing on Admissibility of an Expert's Report

Legal Issues

  1. 1 ["Whether Mr Jugmans' expert report on CMG's solvency was admissible expert opinion evidence." "Whether the Court should reject or exclude Mr Jugmans' report under s 135 of the Evidence Act 1995 (NSW) because of late service, new factual material, assumptions, alleged omissions, fairness concerns, or the effect on the length and cost of the hearing."]

Ratio Decidendi

Mr Jugmans' report complied with the applicable principles for admissible expert opinion evidence. Its assumptions and inferences were clearly identified, pertinent to the issues and reasonable as a response to Mr Humphreys' report. CMG's complaints about late service, new material, assumptions, alleged overlooked facts and fairness went to weight or could be managed procedurally, and did not justify exclusion under s 135 of the Evidence Act 1995 (NSW), particularly after CMG's expert report had been admitted.

Court Disposition

Expert's report allowed into evidence

Orders

  • ["The whole of Mr Jugmans' report should be admitted into evidence."]