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10 results on '"Skurnik, Richard"'

1. Being the only expert does not free expert evidence from scrutiny

Author

Skurnik, Richard

Subjects
Land law -- Cases -- Interpretation and construction, Evidence, Expert -- Laws, regulations and rules, Company legal issue, Government regulation, Business, international, New South Wales. Crown Land Management Act 2016
Abstract

North Sydney Council v Transport for New South Wales [2024] NSWLEC 100 Background On 26 March 2021, Transport for New South Wales compulsorily acquired a leasehold interest for nearly five [...]

Published
2024

2. Experts under fire - prior involvement, hearsay assumptions, expert clashes and the triumph of expertise and independence

Author

Skurnik, Richard

Subjects
Evidence, Expert -- Laws, regulations and rules, Fraud -- Cases, Shopping centers -- Cases -- Purchasing, Company legal issue, Government regulation, Business, international
Abstract

Elanor Funds Management Ltd v Alceon Group Pty Ltd [2024] FCAFC 121 (18 September 2024) Introduction Elanor Funds Management Ltd ('Elanor') purchased the Bluewater Square Shopping Centre in Redcliffe, Queensland [...]

Published
2024

3. Effect of belated acknowledgment of the Expert Witness Code of Conduct

Author

Skurnik, Richard

Subjects
Evidence, Expert -- Laws, regulations and rules, Government regulation, Business, international
Abstract

Mahadik v Jones [2024] NSWLEC 1411 Background The applicant Mahesh Mahadik and respondents Carol and Lynn Jones are neighbours in Ingleburn, NSW. The respondents have lived there since 1987, where [...]

Published
2024

4. Expert red flags: why one expert would be preferred over another

Author

Skurnik, Richard

Subjects
Purchasing -- Methods -- Laws, regulations and rules, Evidence (Law) -- Laws, regulations and rules, Contracts -- Laws, regulations and rules, Government regulation, Business, international
Abstract

Banque de Commerce et de Placements SA, DIFC Branch and another v China Aviation Oil (Singapore) Corp Ltd (Shandong Energy International (Singapore) Pte Ltd, third party; Golden Base Energy Pte [...]

Published
2024

5. When is 'adversarial bias' inapplicable?

Author

Skurnik, Richard

Subjects
Evidence, Expert -- Laws, regulations and rules, Bias (Law) -- Laws, regulations and rules, Government regulation, Business, international
Abstract

Dibb v Transport for New South Wales [2024] NSWCA 157 Background Respondent Transport for New South Wales compulsorily acquired the land of the appellants Mr and Mrs Dibb at Bruxner [...]

Published
2024

6. When is expert evidence considered 'a distraction'?

Author

Skurnik, Richard

Subjects
Personal injuries -- Cases, City councils -- Cases, Evidence, Expert -- Cases, Damages -- Cases, Appellate procedure -- Cases, Duty of care (Law) -- Cases, Company legal issue, Business, international
Abstract

Hornsby Shire Council v Salman [2024] NSWCA 155 Background Ms Kathie Salman rolled her ankles and fell as she stepped from the mulch area to the wet pour area at [...]

Published
2024

8. The importance of appropriate assumptions and instructions to experts

Author

Skurnik, Richard

Subjects
Presupposition (Logic) -- Laws, regulations and rules, Evidence, Expert -- Laws, regulations and rules, Compensation (Law) -- Laws, regulations and rules, Property acquisition -- Laws, regulations and rules, Government regulation, Business, international, Victoria. Land Acquisition and Compensation Act 1986
Abstract

Kingston v Head, Transport for Victoria; Jomaring Pty Ltd v Head, Transport for Victoria (No 2) [2024] VSC 231 In this case, expert evidence was rejected by the court because [...]

Published
2024

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