Fitzgerald v Valuer General (No 2) [2011] NSWLEC 1197

Fitzgerald v Valuer General (No 2) [2011] NSWLEC 1197

Mr Links was permitted to give evidence because he had no personal professional engagement by Mr Fitzgerald, significant time had passed since his personal involvement in an earlier valuation, the statutory valuation task under s 6A of the Valuation of Land Act 1916 was different from the earlier mortgage valuations, and Mr Links had acknowledged and adopted the expert witness obligations under the Uniform Civil Procedure Rules 2005.

Jurisdiction
Australia
Judgment Date
21 June 2011
Procedural Posture
Class 3 Proceedings / Extempore Procedural Ruling on Objection to Witness Giving Evidence
Outcome
Witness permitted to give evidence.
Legal Topics
['objection to Expert Witness Evidence' 'statutory Valuation' 'expert Witness Obligations']
['land Valuation' 'civil Procedure' 'evidence'] ['objection to Expert Witness Evidence' 'statutory Valuation' 'expert Witness Obligations']

Case Brief

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Procedural Posture

Class 3 Proceedings / Extempore Procedural Ruling on Objection to Witness Giving Evidence

Legal Issues

  1. 1 ["Whether Mr Paul Links should be permitted to give valuation evidence for the Valuer General despite prior involvement in valuations of Mr Fitzgerald's property for mortgage purposes."]

Ratio Decidendi

Mr Links was permitted to give evidence because he had no personal professional engagement by Mr Fitzgerald, significant time had passed since his personal involvement in an earlier valuation, the statutory valuation task under s 6A of the Valuation of Land Act 1916 was different from the earlier mortgage valuations, and Mr Links had acknowledged and adopted the expert witness obligations under the Uniform Civil Procedure Rules 2005.

Court Disposition

Witness permitted to give evidence.

Orders

  • ['Mr Links permitted to give evidence in the proceedings.']