Chaina v Presbyterian Church (NSW) Property Trust (No. 13) [2013] NSWSC 1057

Supreme Court New South Wales

Medium Neutral Citation: Chaina v Presbyterian Church (NSW) Property Trust (No. 13) [2013] NSWSC 1057 Hearing dates: 8 August 2013 Decision date: 14 August 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. The reports of Professor Roger Layton dated 21 October 2005, 10 February 2006 and 11 July 2012 are inadmissible; 2. The reports of Professor Grahame Dowling dated 4 August 2006 and July 2012 are inadmissible; 3. The report of Wheaton Beer Consulting of 13 January 2012 is inadmissible. 4. In the report of Pitcher Partners dated 31 August 2012 paragraphs 120 to 242 are rejected. 5. In the Statement of Alan Stevenson dated 1 February 2010 (Exhibit FF) paragraphs 23 to 26 are rejected. 6. In the report of John Matheson dated 7 October 2005 paragraph 1.3 is rejected. 7. The report of Robin Humphreys dated 9 October 2006 is inadmissible. 8. In the report of Robin Humphreys dated 31 August 2012 the following sections are rejected: (a) Section 3.4; (b) Section 3.5; (c) Section 4.1(b); (d) Section 6; (e) Section 7; (f) Schedules 8 and 9. Catchwords: EVIDENCE - admissibility - early determination - expert reports - assumptions given to experts - no factual material to support or validate assumptions - whether expert reports admissible Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Chaina v Presbyterian Church (NSW) Property Trust (No 6) [2012] NSWSC 1476 Category: Interlocutory applications Parties: Mathew Chaina (First Plaintiff) and ors Presbyterian Church (NSW) Property Trust (First Defendant) and ors Representation: Counsel: In person (Plaintiffs) R Stitt QC, G L Turner & H Stitt (Defendants) Solicitors: In person (Plaintiffs) Curwoods Lawyers (Defendants) File Number(s): 2002/69354