Newark Pty Ltd v Civic & Civic Pty Ltd & Anor [1987] FCA 542
Given the amount in dispute is substantially less than the likely cost of litigation, and a suitable expert is available to address the key technical questions, the appointment of a court expert under 0.34 is appropriate.
- Parties
- Applicant: Newark Pty. Ltd. (Receivers Appointed) (In Liquidation); First Respondent: Civil & Civic Pty. Ltd.; Second Respondent: Joseph Michael Thorpy
- Jurisdiction
- Australia
- Judgment Date
- 12 October 1987
- Procedural Posture
- Civil / Interlocutory Application for Appointment of Court Expert
- Outcome
- Application granted
- Legal Topics
- Court Appointed Experts, Costs, Security for Costs
Case Brief
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Parties
Newark Pty. Ltd. (Receivers Appointed) (In Liquidation)
Applicant
Civil & Civic Pty. Ltd.
First Respondent
Joseph Michael Thorpy
Second Respondent
Procedural Posture
Civil / Interlocutory Application for Appointment of Court Expert
Legal Issues
- 1 When is it appropriate for the Court to appoint an expert under Federal Court Rules, 0.34?
- 2 Whether the appointment of an expert is justified given the circumstances of the case
Ratio Decidendi
Given the amount in dispute is substantially less than the likely cost of litigation, and a suitable expert is available to address the key technical questions, the appointment of a court expert under 0.34 is appropriate.
Court Disposition
Application granted
Orders
- Daniel Nutter, architect, is appointed as Court expert to inquire into and report upon the questions set out in the schedule.
- Daniel Nutter is authorised to inquire into and report upon facts relevant to his inquiry.
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