Chi Building Pty Ltd v Wedgwood [2016] NSWCATAP 64

Chi Building Pty Ltd v Wedgwood [2016] NSWCATAP 64

The exclusion of Mr Connor's expert evidence was not justified under the Code or Procedural Direction 3, as issues of prior involvement or alleged advocacy affect the weight to be given to the evidence, not its admissibility. The Tribunal erred by excluding the evidence and this exclusion constituted a denial of natural justice.

Jurisdiction
Australia
Judgment Date
10 March 2016
Procedural Posture
Appeal / Leave to Appeal and Determination of Interlocutory Appeal
Outcome
Leave to appeal granted. Appeal allowed. No order as to costs.
Legal Topics
['expert Evidence' 'natural Justice' 'procedural Fairness']
['tribunal Practice and Procedure' 'evidence'] ['expert Evidence' 'natural Justice' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal and Determination of Interlocutory Appeal

Legal Issues

  1. 1 ["Whether an expert's prior engagement with a party disqualifies that expert from providing evidence" 'Whether exclusion of expert evidence on grounds of lack of independence constitutes a denial of natural justice' "Proper interpretation and application of NCAT Procedural Direction 3 and Experts' Code of Conduct"]

Ratio Decidendi

The exclusion of Mr Connor's expert evidence was not justified under the Code or Procedural Direction 3, as issues of prior involvement or alleged advocacy affect the weight to be given to the evidence, not its admissibility. The Tribunal erred by excluding the evidence and this exclusion constituted a denial of natural justice.

Court Disposition

Leave to appeal granted. Appeal allowed. No order as to costs.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'No order as to costs.' 'The decision of the Tribunal made on 4 December 2015 in proceedings HB 15/29312, not to allow Mr Connor to act as an expert witness, is set aside, and the proceedings are remitted to the Consumer and Commercial Division for reconsideration by a...