Eddie Michael Awad & anor v Twin Creek Properties Pty Ltd [2011] NSWSC 920

Supreme Court New South Wales

Medium Neutral Citation: Eddie Michael Awad & anor v Twin Creek Properties Pty Ltd [2011] NSWSC 920 Hearing dates: 28/05/2011 Decision date: 28 May 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Opinion evidence of valuer admitted, except in relation to opinions of value of real property five years after date of purchase. Catchwords: EVIDENCE - Expert evidence - valuation of land - valuer proffers valuation evidence based on differing assumptions as to whether representations made about subject property were or were not true - valuer said not to sufficiently disclose reasoning underlying opinion - reasoning sufficiently exposed to enable testing in cross-examination - valuer provides figure of ten percent as to effect of representations - no underlying reasoning to explain figure - does not necessarily mean not based on specialised training, knowledge, study or experience - evidence admissible. Legislation Cited: (NSW) Evidence Act 1995, s 56, s 76, s 79 (CTH) Trade Practices Act 1974, s 82, s 87 Cases Cited: Arcus Shopfitters Pty Limited v Western Australia Planning Commission [2002] WASC 174 Roads Corporation v Love [2010] VSC 537 Smith v Eurobodalla Shire Council [2004] NSWCA 479 Western Australian Planning Commission v Arcus Shopfitters Pty Ltd [2003] WASCA 295 Category: Procedural and other rulings Parties: Eddie Michael Awad (first plaintiff) Karen Elizabeth Awad (second plaintiff) Twin Creeks Properties Pty Ltd (defendant) Representation: Counsel: CJ Birch SC and DS Wienberger (plaintiffs) J Robson SC and D Healey (defendants) Solicitors: Thurlow Fisher Solicitors (plaintiff) Surry Partners Lawyers Pty Ltd (defendant) File Number(s): 2009/291401