Di Liristi v Matautia Developments Pty Ltd (No 4) [2021] NSWSC 661

Di Liristi v Matautia Developments Pty Ltd (No 4) [2021] NSWSC 661

The reports of Aargus Pty Ltd are admitted. Non-compliance with certain formalities under the Expert Witness Code of Conduct and Uniform Civil Procedure Rules 2005 (NSW) does not, in these circumstances, render the reports inadmissible. The Court retains discretion and no specific order relating to expert evidence had been made in this case.

Parties
Plaintiff: Antonio Di Liristi; First Defendant: Matautia Developments Pty Ltd; Second Defendant: Michael Bernard Fowler; Fourth Defendant: Brian Garnet Wheaton
Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Procedural Ruling / Ruling on Admissibility of Expert Evidence
Outcome
Expert reports admitted
Legal Topics
Expert Opinion, Admissibility of Expert Evidence, Expert Witness Code of Conduct
Evidence Expert Opinion Admissibility of Expert Evidence Expert Witness Code of Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Antonio Di Liristi

Plaintiff

Matautia Developments Pty Ltd

First Defendant

Michael Bernard Fowler

Second Defendant

Brian Garnet Wheaton

Fourth Defendant

Procedural Posture

Procedural Ruling / Ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether the expert reports of Aargus Pty Ltd are admissible.
  2. 2 Whether non-compliance with the Expert Witness Code of Conduct or Uniform Civil Procedure Rules 2005 (NSW) renders the reports inadmissible.
  3. 3 Whether omission of certain details in the expert reports affects admissibility.

Ratio Decidendi

The reports of Aargus Pty Ltd are admitted. Non-compliance with certain formalities under the Expert Witness Code of Conduct and Uniform Civil Procedure Rules 2005 (NSW) does not, in these circumstances, render the reports inadmissible. The Court retains discretion and no specific order relating to expert evidence had been made in this case.

Court Disposition

Expert reports admitted

Orders

  • The reports of Aargus Pty Ltd are admitted.