Allandale Blue Metal Pty Ltd v Roads and Maritime Services (No 5)

Land and Environment Court New South Wales Medium Neutral Citation: Allandale Blue Metal Pty Ltd v Roads and Maritime Services (No 5) [2014] NSWLEC 119 Hearing dates:23 July 2014Decision date: 07 August 2014 Jurisdiction:Class 3Before: Pain J Decision: See paragraph 13 Catchwords: PROCEDURE - applicant cannot rely on all parts of expert report where duplicative of other expert evidence Cases Cited: Allandale Blue Metal Pty Limited v Roads and Maritime Services (No 4) [2014] NSWLEC 102 Makita (Aust) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Category:Procedural and other rulingsParties: Allandale Blue Metal Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Mr R Lancaster SC with Mr M Seymour (Applicant) Mr P Tomasetti SC with Mr N Eastman (Respondent) Sparke Helmore (Applicant) Ashurst (Respondent) File Number(s):30853 of 2010 JudgmentRuling on application to rule out expert report The Applicant Allandale Blue Metal Pty Ltd (ABM) wishes to rely on a report of Mr Reed geologist dated 11 June 2014. Mr Reed has provided other reports in the proceedings, which are not objected to, relating to his expertise in mining geology. The disputed report deals in part with valuation issues. Mr Reed was asked by ABM's solicitors to address eleven questions. This judgment considers questions 1 to 8. ABM has already filed and will rely on a business valuation prepared by Mr Lonergan and a land valuation prepared by Mr Allsopp, both accepted experts in these areas. In support of its application to have the report not read...