Biseja Pty Ltd v NSI Group Pty Ltd [2006] NSWSC 1496

New South Wales Supreme Court

CITATION : Biseja Pty Ltd v NSI Group Pty Ltd [2006] NSWSC 1496

HEARING DATE(S) : 5 December 2006 JURISDICTION : Equity

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 12/05/2006

DECISION : Not every assumption need be proved; report admitted

CATCHWORDS : EVIDENCE – opinion – expert evidence – construction industry practices – whether proper matter for expert opinion – need for proof of assumptions – whether proof of every assumption is a condition of admissibility of report – distinction between fundamental and other assumptions

CASES CITED : Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705

PARTIES : Biseja Pty Ltd (plaintiff) NSI Group Pty Ltd (defendant)

FILE NUMBER(S) : SC 2969/06

COUNSEL : M Willmott SC w M Sneddon (plaintiff) G Moore w F Hicks (defendant)

SOLICITORS : L Capolupo & Co, Solicitors (plaintiff) William Costis & Associates (defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Tuesday, 5 December 2006

2969/06 Biseja Pty Limited v NSI Group Pty Limited JUDGMENT (ex tempore) 1 HIS HONOUR: The cross-claimant Biseja sought to read an affidavit of Gregory James Incoll sworn 13 October 2006 which annexes a report of that witness of the same date. Mr Incoll holds the degrees of Bachelor of Engineering and Masters in Engineering, is a Fellow of the Australian Institute of Company Directors, and has 23 years project and development management experience. He was asked by the solicitors for the cross-claimant to answer the following questions: 1: By reference to the terms of the building contract for stage 2, what, if any, services provided by NSI by reference to the Affidavits of Mark Magill and Emade Semaan were in addition to the services that were required to be provided under the building contract.