Chaina v Presbyterian Church (NSW) Property Trust (No. 12) [2013] NSWSC 966

Chaina v Presbyterian Church (NSW) Property Trust (No. 12) [2013] NSWSC 966

Mr Davis's statement was inadmissible in its entirety as expert evidence because it was not prepared in accordance with the Expert Witness Code and did not comply with the requirements of r 31.27 UCPR and principles from Makita (Australia) Pty Ltd v Sprowles.

Parties
First Plaintiff: Mathew Chaina; First Defendant: Presbyterian Church (NSW) Property Trust
Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Interlocutory Applications / Evidentiary Ruling
Outcome
Objection upheld. Statement of John Michael Davis inadmissible as evidence.
Legal Topics
Expert Evidence, Compliance With Expert Witness Code, Admissibility of Expert Opinion, UCPR R 31.27
Evidence Expert Evidence Compliance With Expert Witness Code Admissibility of Expert Opinion UCPR R 31.27

Case Brief

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Parties

Mathew Chaina

First Plaintiff

Presbyterian Church (NSW) Property Trust

First Defendant

Procedural Posture

Interlocutory Applications / Evidentiary Ruling

Legal Issues

  1. 1 Whether the statement of John Michael Davis is admissible as expert evidence despite non-compliance with the Expert Witness Code and r 31.27 UCPR

Ratio Decidendi

Mr Davis's statement was inadmissible in its entirety as expert evidence because it was not prepared in accordance with the Expert Witness Code and did not comply with the requirements of r 31.27 UCPR and principles from Makita (Australia) Pty Ltd v Sprowles.

Court Disposition

Objection upheld. Statement of John Michael Davis inadmissible as evidence.

Orders

  • Statement of John Michael Davis dated 1 February 2010 rejected as inadmissible.