Wenkart v Blacktown City Council [2024] NSWLEC 117

Wenkart v Blacktown City Council [2024] NSWLEC 117

Despite significant concerns regarding non-compliance with the Expert Witness Code of Conduct, in particular the report's use of collective language and lack of clarity as to authorship, evidence given on voir dire established that Mr Peter Phippen prepared and adopted the report as his own. Given the rules of evidence do not apply strictly in Class 3, the report is admitted over objection.

Parties
First Applicant: Thomas Richard Wenkart; Second Applicant: Christine Wenkart; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
06 November 2024
Procedural Posture
Compensation Objection in Land and Environment Court Class 3 / Interlocutory Ruling on Admissibility of Expert Evidence
Outcome
Report of Peter Irwin Phippen admitted over respondent's objections; matter adjourned until 10am, 7 November 2024.
Legal Topics
Expert Evidence, Land Acquisition, Admissibility of Expert Report
Administrative Law Evidence Compensation Law Expert Evidence Land Acquisition Admissibility of Expert Report

Case Brief

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Parties

Thomas Richard Wenkart

First Applicant

Christine Wenkart

Second Applicant

Blacktown City Council

Respondent

Procedural Posture

Compensation Objection in Land and Environment Court Class 3 / Interlocutory Ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether the expert report of Peter Irwin Phippen should be admitted despite uncertainty surrounding its authorship, given use of collective language ('we') and compliance with Expert Witness Code of Conduct.

Ratio Decidendi

Despite significant concerns regarding non-compliance with the Expert Witness Code of Conduct, in particular the report's use of collective language and lack of clarity as to authorship, evidence given on voir dire established that Mr Peter Phippen prepared and adopted the report as his own. Given the rules of evidence do not apply strictly in Class 3, the report is admitted over objection.

Court Disposition

Report of Peter Irwin Phippen admitted over respondent's objections; matter adjourned until 10am, 7 November 2024.

Orders

  • The report of Peter Irwin Phippen dated 29 February 2024 is admitted over the objections of the respondent.
  • The Court is adjourned until 10am tomorrow, Thursday, 7 November 2024.