Rouse v Palerang Council [2011] NSWLEC 1029

Rouse v Palerang Council [2011] NSWLEC 1029

The 2 September 2010 comment did not identify Mr Rouse with the merits of his clients' cause and could not found or contribute to rejecting him as a witness. Although later comments were made, Mr Rouse's explanations, his evidence that his opinions were his own and prepared for the assistance of the Court, and the absence of any fiscal contingency arrangement or other economic interest meant that he should be permitted to give evidence.

Jurisdiction
Australia
Judgment Date
17 February 2011
Procedural Posture
Class 1 Proceedings / Voir Dire Procedural Ruling on Whether Mr Rouse Should Be Permitted to Give Evidence
Outcome
Evidence admitted
Legal Topics
['voir Dire' 'bias' 'expert Evidence' 'expert Witness Code of Conduct']
['planning and Environment' 'civil Procedure' 'evidence'] ['voir Dire' 'bias' 'expert Evidence' 'expert Witness Code of Conduct']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Proceedings / Voir Dire Procedural Ruling on Whether Mr Rouse Should Be Permitted to Give Evidence

Legal Issues

  1. 1 ['Whether Mr Rouse, a town planner retained by the owners and the nominal applicant, should be permitted to give evidence.' 'Whether comments made by Mr Rouse showed actual bias contrary to the Expert Witness Code of Conduct.']

Ratio Decidendi

The 2 September 2010 comment did not identify Mr Rouse with the merits of his clients' cause and could not found or contribute to rejecting him as a witness. Although later comments were made, Mr Rouse's explanations, his evidence that his opinions were his own and prepared for the assistance of the Court, and the absence of any fiscal contingency arrangement or other economic interest meant that he should be permitted to give evidence.

Court Disposition

Evidence admitted

Orders

  • ['Mr Rouse was permitted to give evidence on behalf of the applicants in the proceedings.']