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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

Overview

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.

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Thanks

We thank the author of this case note Brendan Thomas Cullen and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Expert determination, Legal practice, Dispute handling administration