Museth v Windsor Country Golf Club Ltd

The case of *Museth v Windsor Country Golf Club Ltd* concerned a dispute between a property owner, Ms. Museth, and the Windsor Country Golf Club Ltd. Ms. Museth alleged that water runoff from the golf club's premises had caused damage to her property, specifically cracking to walls and roof sag, which she attributed to the expansion and contraction of reactive clay soil. The matter came before the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the damage to Ms. Museth's property was caused by the water runoff from the golf club and whether the damage could be characterised as structural or merely cosmetic. Furthermore, the court was required to consider the admissibility of expert evidence presented by Ms. Museth, particularly whether it met the requirements of section 79 of the *Evidence Act 1995* (NSW), given concerns about the absence of a demonstrated reasoning process, and whether this evidence adequately supported her claims for damages.

The Court of Appeal upheld the primary judge's decision, finding that the expert evidence was admissible and supported the conclusion that the golf club's water runoff had caused the damage. The court reasoned that the expert evidence, despite some criticisms regarding its reasoning process, was sufficient to establish a causal link between the water runoff and the damage to Ms. Museth's property. The court also found that the damage was not merely cosmetic but constituted structural damage, justifying an award of damages.

Consequently, the appeal was dismissed, and the golf club was ordered to pay Ms. Museth's costs.