Expert determination: In what circumstances can an expert’s failure to hear oral evidence or question witnesses mean a failure to discharge their mandate?
Case note | NZ | June 2017 | Available for purchase & free for members
Waterfront Properties (2009) Limited v Lighter Quay Residents’ Society Incorporated
This case note considers the New Zealand Court of Appeal decision in Waterfront Properties (2009) Limited v Lighter Quay Residents’ Society Incorporated. It needs to be noted that the Court of Appeal was dealing with a strike out application and therefore there was no final determination of the proceeding in the decision that has been reviewed. Notwithstanding that the Court was dealing with a strike out application, the Court of Appeal made some interesting comments and observations about the expert determination process.
We thank the author of this case note Brendan Thomas Cullen and the journal editor Russell Thirgood for their contribution to this journal.