SUPREME COURT OF QUEENSLAND
CITATION:
Conias Hotels Pty Ltd v Murphy & Anor [2012] QSC 297
PARTIES:
CONIAS HOTELS PTY LTD ACN 120 319 283 AS TRUSTEE FOR THE CONIAS HOTEL TRUST NO. 2
(plaintiff)
v
SHAUGHN MURPHY
(first defendant)
and
REWUKE PTY LTD ACN 002 628 499
(second defendant)FILE NO:
3771 of 2009
DIVISION:
Trial Division
PROCEEDING:
By way of application
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED EX TEMPORE ON:
19 September 2012
DELIVERED AT:
Brisbane
HEARING DATE:
19 September 2012
JUDGE:
Applegarth J
ORDERS:
(1) Mr Gavin Duthie of G Duthie Consulting be appointed as a further expert valuer in the proceeding to prepare a report in relation to the value of the Transcontinental Hotel as at 12 May 2008.
(2) The plaintiff serve a report from Mr Duthie valuing the Transcontinental Hotel as at 12 May 2008 by or on 19 October 2012 (the Duthie Report).
(3) The parties provide a copy of the Duthie Report to Ian Skelsey by or on 22 October 2012.
(4) Mr Skelsey prepare a report (if any) in response to the Duthie Report by 12 November 2012.
(5) Messrs Duthie and Skelsey are directed to confer and produce a joint report by 4.00pm on 30 November 2012 in respect of:
(a) those valuation issues, facts and matters upon
which they agree;
(b) those valuation issues, facts and matters not
agreed, with short reasons as to why agreement
has not been able to be reached; and(c) those further or other enquiries, instructions,
documents or evidence which would assist in the
resolution of the issues on which the expertsdisagree.
(6) The joint experts’ conference be otherwise convened and held in accordance with the requirements of the Joint Conference Guidelines set out in Attachment 2 to Supervised Case List, Practice Direction No. 11 of 2012.
(7) The joint experts’ report be produced, signed and provided to the parties’ legal representatives and a copy filed in Court by the plaintiff by 4.00pm on
3 December 2012.(8) Subject to Order 9(b), the plaintiff pay:
(a) the defendants’ reasonable costs of considering
and responding to the Duthie Report;
(b) the costs of any further report from Mr Skelsey
prepared pursuant to paragraph (4); and
(c) the costs of the joint experts’ conference and
joint experts’ report referred to in paragraph (5) above,
as agreed or, if agreement is not reached, to be fixed by the Court.
(9) The costs referred to in paragraph (8) are to be paid by the plaintiff:
(a) within 28 days of the quantum of costs being
agreed or fixed by the Court; and
(b) on the basis that the ultimate liability for those
costs be reserved.
(10) The costs of the application and of the appearance
on 19 September 2012 are otherwise reserved.
CATCHWORDS:
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER RULES OF COURT – EVIDENCE – EXPERT EVIDENCE – where expert valuer has been appointed – where significant difference of opinion between valuers…
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- AGLC
- Conias Hotels Pty Ltd v Murphy & Anor [2012] QSC 297
- Case
- [2012] QSC 297
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the Court should allow the plaintiff to call further expert evidence in light of the significant difference of opinion between the existing experts. The plaintiff argued that the appointment of a further expert valuer was necessary to resolve the substantial discrepancy between the valuations provided by the existing experts. The defendants opposed this application on the basis that the existing expert evidence was sufficient and that the appointment of a further expert would be wasteful and unjust.
The Court found that the appointment of a further expert valuer was warranted given the significant disparity in the opinions of the existing experts. The Court held that the application of rule 429N(3) of the Uniform Civil Procedure Rules 1999 was appropriate in these circumstances. The Court ordered that Mr Gavin Duthie be appointed as the additional expert, with a series of steps to be followed for the preparation and submission of reports, including joint expert conferences and the production of joint reports.
The Court made orders for the appointment of Mr Duthie as an expert valuer, the timelines for the preparation of reports, the sharing of reports among the parties, and the payment of costs associated with the process. The costs of the application and appearance were reserved.
Orders
Orders of the court
(1) Mr Gavin Duthie of G Duthie Consulting be appointed as a further expert valuer in the proceeding to prepare a report in relation to the value of the Transcontinental Hotel as at 12 May 2008.
(2) The plaintiff serve a report from Mr Duthie valuing the Transcontinental Hotel as at 12 May 2008 by or on 19 October 2012 (the Duthie Report).
(3) The parties provide a copy of the Duthie Report to Ian Skelsey by or on 22 October 2012.
(4) Mr Skelsey prepare a report (if any) in response to the Duthie Report by 12 November 2012.
(5) Messrs Duthie and Skelsey are directed to confer and produce a joint report by 4.00pm on 30 November 2012 in respect of:
(a) those valuation issues, facts and matters upon
which they agree;
(b) those valuation issues, facts and matters not
agreed, with short reasons as to why agreement
has not been able to be reached; and
(c) those further or other enquiries, instructions,
documents or evidence which would assist in the
resolution of the issues on which the experts
disagree.
(6) The joint experts’ conference be otherwise convened and held in accordance with the requirements of the Joint Conference Guidelines set out in Attachment 2 to Supervised Case List, Practice Direction No. 11 of 2012.
(7) The joint experts’ report be produced, signed and provided to the parties’ legal representatives and a copy filed in Court by the plaintiff by 4.00pm on
3 December 2012.
(8) Subject to Order 9(b), the plaintiff pay:
(a) the defendants’ reasonable costs of considering
and responding to the Duthie Report;
(b) the costs of any further report from Mr Skelsey
prepared pursuant to paragraph (4); and
(c) the costs of the joint experts’ conference and
joint experts’ report referred to in paragraph (5) above,
as agreed or, if agreement is not reached, to be fixed by the Court.
(9) The costs referred to in paragraph (8) are to be paid by the plaintiff:
(a) within 28 days of the quantum of costs being
agreed or fixed by the Court; and
(b) on the basis that the ultimate liability for those
costs be reserved.
(10) The costs of the application and of the appearance
on 19 September 2012 are otherwise reserved.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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