UTSG Pty Ltd v Sydney Metro (No 3) [2019] NSWLEC 49

Land and Environment Court New South Wales

Medium Neutral Citation: UTSG Pty Ltd v Sydney Metro (No 3) [2019] NSWLEC 49 Hearing dates: 9 and 10 April 2019 Date of orders: 10 April 2019 Decision date: 10 April 2019 Jurisdiction: Class 3 Before: Pepper J Decision: Expert report of Mr David Mullins dated 29 March 2018 is admitted into evidence. Catchwords: EVIDENCE: admissibility of an expert report where the rules of evidence do not apply – applicable legal principles – whether the expert report breached the Expert Code of Conduct and civil procedure rules of the Court – expert withdrew report but later relied on it in joint conferencing – no revised or supplementary report issued by expert – whether expert sufficiently disclosed financial materials upon which calculation of loss was based ­– notwithstanding deficiencies in expert report, report admitted into evidence – weight to be accorded to expert report a matter for the Court. Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979, s 38 Uniform Civil Procedure Rules 2005, rr 31.23, 31.27, Sch 7 Cases Cited: AMP Capital Investors Ltd v Transport Infrastructure Development Corporation [2008] NSWCA 325; (2008) 163 LGERA 245 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 King v Great Lakes Shire Council (1986) 58 LGRA 366 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282 Ray Fitzpatrick Pty Ltd v Minister for Planning [2007] NSWLEC 791; (2007) 157 LGERA 100 ULV Pty Ltd v Scott (1990) 19 NSWLR 190 UTSG Pty Ltd v Sydney Metro [2018] NSWLEC 128 Texts Cited: Category: Procedural and other rulings Parties: UTSG Pty Ltd (Applicant) Sydney Metro (Respondent) Representation: Counsel: Ms S Singh (In person) (Applicant) Mr R Lancaster SC with Mr N Eastman (Respondent)