Sterjovski v Buckley [2003] NSWSC 1173

Sterjovski v Buckley [2003] NSWSC 1173

There was no error of law in the Magistrate's discretionary decision to accept the joint expert report and reject the supplementary report; the procedures followed were proper under relevant statutory and procedural rules, and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
12 December 2003
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From Local Court Decision
Outcome
Appeal dismissed
Legal Topics
['appeal From Local Court Decision' 'joint Expert Report' 'building Inspection Negligence' 'admissibility of Expert Evidence']
['common Law'] ['appeal From Local Court Decision' 'joint Expert Report' 'building Inspection Negligence' 'admissibility of Expert Evidence']

Case Brief

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Procedural Posture

Appeal / Supreme Court Judgment on Appeal From Local Court Decision

Legal Issues

  1. 1 ['Whether the Magistrate erred in law by denying natural justice in failing to consider a supplementary expert report' 'Whether the plaintiffs should be bound by the joint expert report absent consent' 'Whether the joint expert report properly represented agreed matters between experts']

Ratio Decidendi

There was no error of law in the Magistrate's discretionary decision to accept the joint expert report and reject the supplementary report; the procedures followed were proper under relevant statutory and procedural rules, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The order of Magistrate S Emmett dated 3 December 2002 is affirmed.' 'The summons is dismissed.' "The plaintiffs are to pay the defendant's costs as agreed or assessed."]