Chaina v Presbyterian Church (NSW) Property Trust (No. 17)

In this matter, Chaina sued the Presbyterian Church (NSW) Property Trust seeking compensation for injuries sustained during a fall at a property owned by the defendant. The dispute centred on whether the Church owed a duty of care to the plaintiff, and if so, whether it had breached that duty. The case was heard in the Supreme Court of New South Wales. The key legal issue before the court was whether an expert's evidence should be admitted, particularly focusing on whether the assumptions made by the expert were sufficiently established. The plaintiff argued that the expert's evidence should be admitted as it provided a clear basis for their claim. The defendant, however, contended that the expert's assumptions were not adequately substantiated and therefore the evidence should be excluded.

The court considered the principles governing the admissibility of expert evidence, emphasising the importance of ensuring that the assumptions made by the expert are well-founded. It was noted that for expert evidence to be admissible, the assumptions must be reasonable and based on the expert's knowledge and experience. The court found that the expert had made several critical assumptions without providing sufficient evidence to support them, thereby rendering the evidence unreliable. Consequently, the court held that the expert's evidence should not be admitted as it did not meet the necessary standards of reliability and relevance. The plaintiff's claim was significantly weakened by this decision, leading to the dismissal of the case. The court ordered that the plaintiff's claim be dismissed with costs to be paid by the plaintiff.