Kyabram Property Investments Pty Ltd v Murray; Murray v Duddy [2003] NSWSC 1086

Kyabram Property Investments Pty Ltd v Murray; Murray v Duddy [2003] NSWSC 1086

Although parts of Mr Ivey's report contained speculative assumptions about the plaintiff's knowledge or possession of documents, those matters could be addressed by further evidence, cross-examination, submissions and assessment of weight. Other parts were traditional accounting evidence analysing past and projected net profits. Before the evidence and submissions were concluded, it was not appropriate to exclude the report altogether, so the affidavit and annexed report were provisionally admitted with agreed deletions and significant reservations.

Jurisdiction
Australia
Judgment Date
12 November 2003
Procedural Posture
Evidence Ruling on Admissibility of Expert Opinion Evidence / Ex Tempore Judgment on Admissibility of Affidavit and Report of Richard Victor Ivey
Outcome
Evidence admitted.
Legal Topics
['expert Opinion Evidence' 'admissibility of Expert Report' 'ultimate Issue Evidence' 'weight of Expert Evidence']
['evidence'] ['expert Opinion Evidence' 'admissibility of Expert Report' 'ultimate Issue Evidence' 'weight of Expert Evidence']

Case Brief

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Procedural Posture

Evidence Ruling on Admissibility of Expert Opinion Evidence / Ex Tempore Judgment on Admissibility of Affidavit and Report of Richard Victor Ivey

Legal Issues

  1. 1 ['Whether the affidavit of Richard Victor Ivey and the annexed report entitled Appraisal of Rural Loans for the Purchase of West Garawan should be admitted into evidence.' 'Whether aspects of the report were inadmissible or should be given little weight because they involved speculation or assumed the plaintiff had knowledge of or access to particular documents.' 'Whether portions of the report going to the ultimate issue should be allowed under s 80 of the Evidence Act 1995.']

Ratio Decidendi

Although parts of Mr Ivey's report contained speculative assumptions about the plaintiff's knowledge or possession of documents, those matters could be addressed by further evidence, cross-examination, submissions and assessment of weight. Other parts were traditional accounting evidence analysing past and projected net profits. Before the evidence and submissions were concluded, it was not appropriate to exclude the report altogether, so the affidavit and annexed report were provisionally admitted with agreed deletions and significant reservations.

Court Disposition

Evidence admitted.

Orders

  • ['The affidavit of Richard Victor Ivey sworn on 5 August 2003 and the annexed report dated 31 July 2003 were provisionally admitted into evidence, subject to deletions effected by consent.']