Haissam Assafiri v The Shell Company of Australia [2010] NSWSC 93017 May 2010 18 August 2010.
FACTS:
Haissam Assafiri (“the Plaintiff”) issued proceedings against The Shell Company of Australia (“the Defendant”) on the basis over a dispute between the parties as to the extent and quality of the work which had been performed.
During the proceedings the Plaintiff sought to adduce and rely upon the evidence of an architect, which was objected to by the Defendant on the basis that, among others, that he was not suitably qualified in his area of expertise to provide an expert report in legal proceedings.
A further point of objection taken by the Defendant was as to the structure and methodology outlined in the report produced by this witness.
ISSUES:
Whether the Plaintiff’s witness could provide expert opinion evidence in a form which it is contended does not demonstrate an intellectual basis or methodology to reach the conclusions expressed in the report?
FINDING:
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