Coyne v Calabro [2009] NSWSC 1023

Coyne v Calabro [2009] NSWSC 1023

Leave should be given to the defendants, plaintiffs, and cross-defendant to adduce further expert evidence where there are significant differences in valuation opinions and communication between a party and the single expert may affect perception of impartiality, so as to maintain open justice and avoid legitimate grievances.

Jurisdiction
Australia
Judgment Date
18 September 2009
Procedural Posture
Equity Proceedings / Procedural Ruling on Leave to Adduce Further Expert Evidence
Outcome
Leave granted to adduce further expert evidence and orders made for service and joint conference of experts.
Legal Topics
['expert Evidence' 'single Expert Regime' 'admissibility of Expert Reports']
['civil Procedure'] ['expert Evidence' 'single Expert Regime' 'admissibility of Expert Reports']

Case Brief

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Procedural Posture

Equity Proceedings / Procedural Ruling on Leave to Adduce Further Expert Evidence

Legal Issues

  1. 1 ['Whether communication between a party and the single expert compromises impartiality and independence' 'Whether defendants should be granted leave to adduce further expert evidence' 'Admissibility of expert reports prepared for other purposes']

Ratio Decidendi

Leave should be given to the defendants, plaintiffs, and cross-defendant to adduce further expert evidence where there are significant differences in valuation opinions and communication between a party and the single expert may affect perception of impartiality, so as to maintain open justice and avoid legitimate grievances.

Court Disposition

Leave granted to adduce further expert evidence and orders made for service and joint conference of experts.

Orders

  • ['Defendants given leave to adduce evidence from Mr Jason David Field (affidavit of 10 December 2008 and valuation report exhibit JDF-1).' 'Plaintiffs and cross-defendant given leave to adduce evidence from one valuer each for relevant dates: 6 May 2008, 15 September 2008, 2 October 2008, and date of expert report.'...