McGrath v The Owners – Strata Plan No 13631 [2021] NSWCATAP 167

McGrath v The Owners – Strata Plan No 13631 [2021] NSWCATAP 167

The Tribunal had power to require compliance with Procedural Direction 3 and to exclude expert evidence where compliance was not achieved; the discretion not to admit Mr Lark's report and parts of Mr Seymour's was properly exercised as the evidence did not provide a satisfactory, reliable basis for findings and non-compliance was not excused.

Parties
Appellant: Peter McGrath; Respondent: The Owners – Strata Plan No 13631
Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Civil Appeal / Final Appeal Determination
Outcome
appeal dismissed
Legal Topics
Expert Evidence, Procedural Directions, Strata Management, Admissibility of Evidence
Administrative Law Property Law Expert Evidence Procedural Directions Strata Management Admissibility of Evidence

Case Brief

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Parties

Peter McGrath

Appellant

The Owners – Strata Plan No 13631

Respondent

Procedural Posture

Civil Appeal / Final Appeal Determination

Legal Issues

  1. 1 Whether the Tribunal had power to make mandatory orders requiring compliance with Procedural Direction 3
  2. 2 Whether failure to comply with Procedural Direction 3 affected admissibility or weight of expert evidence
  3. 3 Whether the Tribunal erred in construing and applying Order 3 regarding expert evidence

Ratio Decidendi

The Tribunal had power to require compliance with Procedural Direction 3 and to exclude expert evidence where compliance was not achieved; the discretion not to admit Mr Lark's report and parts of Mr Seymour's was properly exercised as the evidence did not provide a satisfactory, reliable basis for findings and non-compliance was not excused.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • If any party desires to make an application for costs of the appeal: written submissions and evidence to be served as per specified timelines.