NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: UTSG Pty Ltd v Sydney Metro (No 4) [2019] NSWLEC 51 Hearing dates: 10 and 11 April 2019 Date of orders: 11 April 2019 Decision date: 11 April 2019 Jurisdiction: Class 3 Before: Pepper J Decision: The expert report of Mr Gambhir Watts OAM CPA dated 28 November 2018 is rejected. Catchwords: EVIDENCE: whether expert accounting reports should be admitted into evidence in proceedings in Class 3 of the Court's jurisdiction where the rules of evidence do not apply – assertions and assumptions presented as established facts – reasoning not elucidated – conclusions and opinions stated absent explanation or foundational basis – intemperate language used – scandalous allegations made in respect of another expert and expert report – whether expert lacking in impartiality and independence – report rejected. Legislation Cited: Uniform Civil Procedure Rules 2005 , rr 31.23, 31.27, Sch 7 Cases Cited: Lake Macquarie City Council v Australian Native Landscapes Pty Ltd [2015] NSWLEC 92 UTSG Pty Ltd v Sydney Metro [2018] NSWLEC 128 UTSG Pty Ltd v Sydney Metro (No 3) [2019] NSWLEC 49 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)
Solicitors: Ms S Singh (In person) (Applicant) Ashurst (Respondent) File Number(s): 2017/249637 Publication restriction:
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