Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2008] NSWSC 1263

Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2008] NSWSC 1263

The passages in Mr Glazebrook's report are inadmissible because they are not based on the expert's specialised knowledge but rather express opinions on the meaning and application of statutory provisions, which are matters for the court to decide; further, such opinions are not relevant as they cannot rationally affect determination of facts in issue as required by s 55 of the Evidence Act 1995.

Parties
First Plaintiff: Tim Barr Pty Limited; Second Plaintiff: Timothy James Barr; Defendant: Narui Gold Coast Pty Limited
Jurisdiction
Australia
Judgment Date
25 November 2008
Procedural Posture
Procedural and Other Rulings / Ruling on Admissibility of Expert Evidence
Outcome
Passages in Mr Glazebrook's report rejected
Legal Topics
Admissibility of Expert Evidence, Interpretation of Statutory Definitions, Relevance of Expert Opinion to Legal Standards
Evidence Planning Law Admissibility of Expert Evidence Interpretation of Statutory Definitions Relevance of Expert Opinion to Legal Standards

Case Brief

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Parties

Tim Barr Pty Limited

First Plaintiff

Timothy James Barr

Second Plaintiff

Narui Gold Coast Pty Limited

Defendant

Procedural Posture

Procedural and Other Rulings / Ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether expert opinions on the application of statutory provisions and planning instruments to land use are admissible
  2. 2 Whether opinions of a town planner on the meaning of 'agriculture' or 'existing use' are relevant and based on expert knowledge

Ratio Decidendi

The passages in Mr Glazebrook's report are inadmissible because they are not based on the expert's specialised knowledge but rather express opinions on the meaning and application of statutory provisions, which are matters for the court to decide; further, such opinions are not relevant as they cannot rationally affect determination of facts in issue as required by s 55 of the Evidence Act 1995.

Court Disposition

Passages in Mr Glazebrook's report rejected

Orders

  • Passages in Mr Glazebrook's report, specifically the second sentence of paragraph 5, the whole of paragraph 8, the last sentence of paragraph 10, the whole of paragraph 11 and the second sentence at paragraph 12, are rejected and not admitted into evidence.