Moretto & Cosola

Moretto & Cosola was a proceeding in the Supreme Court of Victoria concerning a dispute between property owners regarding the valuation of their respective properties. The court was tasked with determining the value of two properties, where the parties disagreed on the appropriate method and expert to be relied upon in determining the value. The legal issues at hand were primarily concerned with the admissibility of expert evidence, particularly whether the respondent was entitled to call her own expert witness to provide a valuation of the properties, in addition to the single expert appointed by the court. The court had to consider the principles governing the admissibility of expert evidence, as well as the specific circumstances of the case, such as the range of values proposed by the single expert and the costs involved in permitting the respondent's expert to give evidence.

The court determined that the respondent was not entitled to call her own expert witness, as the values proposed by the parties fell within the range identified by the single expert. The court found that the expertise of the valuer was in making a nuanced assessment of comparable sales and forming a view as to a valuation after weighing the different comparable sale prices. The court emphasised that cross-examination would ordinarily be a sufficient tool to avoid injustice where the values for which each of the parties contend fall within the ambit of a broad range identified by the single expert. Furthermore, the court considered the costs involved in permitting the respondent's expert to give evidence and found that they were not justified given the narrow range of values proposed by the parties.

In light of the above, the court dismissed the respondent's application for leave to call another expert witness. The court ordered that the respondent write to the single expert, putting the applicant on notice, specifying the precise concerns the respondent has regarding the valuation, including providing an indication of the appraisals that have been obtained and any other comparable sales that may give rise to a concern regarding the accuracy or currency of the single expert valuation. The court also ordered the single expert to provide a response to any of the material provided by the parties and an indication as to whether, upon consideration of the parties' material, the single expert wishes to update or alter the valuation provided as at 29 November 2021, and the single expert shall provide an updated valuation as at the date of the new report, if there is a difference. The court further ordered that the single expert shall, at the cost of the respondent, provide a valuation of both properties as at 8 July 2022.