Sales and Anor v Transport for NSW [2020] NSWLEC 145

Sales and Anor v Transport for NSW [2020] NSWLEC 145

Leave was refused because there was no persuasive explanation for the lateness of Mr Pope's report, the competing valuation evidence already disclosed the different approaches to EstateMaster for the Court to evaluate, the report was not reasonably required to resolve the issues, and its admission would likely cause additional cross-examination and responsive evidence at a late stage.

Jurisdiction
Australia
Judgment Date
14 October 2020
Procedural Posture
Class 3 Compensation Proceedings / Application on First Day of Hearing for Leave to File and Rely Upon Further Evidence
Outcome
Leave to file and rely upon further evidence is refused.
Legal Topics
['leave to Rely on Expert Evidence' 'class 3 Proceedings' 'case Management' 'expert Valuation Evidence' 'estate Master Modelling']
['evidence' 'land Acquisition Compensation' 'civil Procedure'] ['leave to Rely on Expert Evidence' 'class 3 Proceedings' 'case Management' 'expert Valuation Evidence' 'estate Master Modelling']

Case Brief

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Procedural Posture

Class 3 Compensation Proceedings / Application on First Day of Hearing for Leave to File and Rely Upon Further Evidence

Legal Issues

  1. 1 ["Whether the applicants should be granted leave to rely upon a report dated 9 October 2020 prepared by Chris Pope concerning the valuers' use of the EstateMaster program." 'Whether the further expert evidence was sought too late and was reasonably required to resolve the issues in the proceedings.' 'Whether admitting the report would cause procedural unfairness or prejudice by requiring cross-examination and responsive evidence.']

Ratio Decidendi

Leave was refused because there was no persuasive explanation for the lateness of Mr Pope's report, the competing valuation evidence already disclosed the different approaches to EstateMaster for the Court to evaluate, the report was not reasonably required to resolve the issues, and its admission would likely cause additional cross-examination and responsive evidence at a late stage.

Court Disposition

Leave to file and rely upon further evidence is refused.

Orders

  • ['Leave to file and rely upon further evidence is refused.']