NSW Caselaw
New South Wales Court of Appeal
CITATION : Adwell Holdings Pty Ltd v Mark Smith [2003] NSWCA 103 HEARING DATE(S) : 14/04/03 JUDGMENT DATE : 2 May 2003
JUDGMENT OF : Mason P at 1; Meagher JA at 2; Buddin J at 23 DECISION : Appeal dismissed with costs.
CATCHWORDS : Expert valuation of real estate - Contention that expert valuer's figures were negligent - Onus on plaintiff to prove negligent - "Bracket Test" - Utility of "Bracket Test". Singer & Friedlander Ltd v John D Wood & Co [1977] EG 569 CASES CITED : Interchase Corp Ltd v ACN 010 087 573 Pty Ltd (Supreme Court , QLD, 520 of 1994, BC 200000188) Lion Nathan Ltd v Coca-Cola Bottlers Ltd [1996] 1 WLR 1438 Adwell Holdings Pty Limited PARTIES : v Mark Trevor Smith FILE NUMBER(S) : CA 40159 of 2002 COUNSEL : A: A Martin SC & S Higgins R: M McCulloch & H Stitt SOLICITORS : A: Christopher C Freeman & Co R: Murray Stewart & Fogarty
LOWER COURT District Court JURISDICTION : LOWER COURT DC 854 of 2001 FILE NUMBER(S) : LOWER COURT O'Reilly DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40159 of 2002
MASON P MEAGHER JA BUDDIN J
Friday, 2 May 2003 ADWELL HOLDINGS PTY LIMITED v MARK TREVOR SMITH
FACTS The appellant (the plaintiff below) alleged that a valuation performed by the respondent, of certain premises of which the appellant was registered proprietor, was negligent.
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