Hyber and Hyber

In the matter of *Hyber and Hyber*, heard before Cronin J, the proceedings concerned an application by the husband for leave to file an affidavit from an expert witness regarding the valuation of a property identified as H.

The central legal issue before the Court was whether to grant the husband leave to adduce further expert evidence concerning the property's value, and how to manage the existing expert evidence in light of this potential new evidence.

Cronin J granted the husband leave to file the expert affidavit pursuant to Rule 15.49 of the relevant rules. The Court further ordered that the single expert witness already appointed in the proceedings and the adversarial witness proposed by the husband should confer and prepare a joint report detailing any differences in their opinions. This report was to be provided to the parties and the Court. The Court dismissed the husband's application filed on 3 December 2010, otherwise than for the leave granted. The costs of the day were reserved to the trial, and the reasons for the decision were to be transcribed.