NSW Caselaw
New South Wales Supreme Court
CITATION : Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 691
HEARING DATE(S) : 27 June 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 27 June 2007
DECISION : Rulings on evidence: see paragraphs 4, 19, 24
CATCHWORDS : EVIDENCE – Opinion – expert – quantity surveyor – Makita v Sprowles – whether rationale sufficiently disclosed – EVIDENCE – Opinion – expert – valuation – Makita v Sprowles – arguable errors in reasoning are not failure to explain reasoning – report does not address relevant issues because assumes incorrect approach to measure of damages – EVIDENCE – opinion – expert – noise – where apparently subjective opinion is defined by terms elsewhere in report
LEGISLATION CITED : (CTH) Trade Practices Act 1974 ss 52, 82, 87 (NSW) Evidence Act 1995 s 136
Joan Street v Luna Park Sydney Pty Ltd [2007] NSWSC 588 CASES CITED : Joan Street v Luna Park Sydney Pty Ltd [2007] NSWSC 594 Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 Potts v Miller (1940) 64 CLR 282
Joan Street (first plaintiff) Ros Dwyer (second plaintiff) Michael Hesse (third plaintiff) Glen Eight Pty Ltd (fourth plaintiff) Susan Hesse (fifth plaintiff) PARTIES : Robert Simkin (sixth plaintiff) Glen Federick Billington (seventh plaintiff) Fiona Jeanette Billington (eighth plaintiff) Luna Park Sydney Pty Ltd (first defendant) Metro Edgley Pty Ltd (second defendant) Peter Hearne (third defendant) Warwick Doughty (fourth defendant)
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