Objecting to an expert’s report

Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443


Basten JA:


47 …. generally speaking, however, forewarning of objection should be given, particularly in circumstances where, if the objection were meritorious, there might be an opportunity to rectify the deficiency, prior to trial, so that a valid objection does not cause the objector to suffer from further evidence being called at trial of which the objector has no warning. At least in some cases, the failure to give timely warning of valid objections to an expert report may form the basis of a successful adjournment application, at the expense of the objector.


Reproduced with permission of Robert Sheldon SC


David Cormack – Brisbane Barrister.

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