Persson & Marchand

Ms Persson and Mr Marchand are engaged in financial proceedings following the breakdown of their relationship. The dispute primarily concerns the valuation of their assets, particularly the former matrimonial home and farming land. The wife seeks to introduce adversarial evidence regarding the value of these properties, while the husband has applied for a single expert to be appointed to assess the repairs needed for the roof of the home. The court was tasked with determining whether there were special reasons to permit the wife to present adversarial evidence in addition to the jointly appointed single expert's assessment.

The court carefully considered the circumstances surrounding the adversarial evidence. It noted that the wife had engaged a second valuer to critique the initial valuation and provide an adversarial report. The court found that there were special reasons to allow this adversarial evidence, primarily because the wife had concerns about the initial valuation being biased, given the valuer's recent employment change. Additionally, the court acknowledged the wife's need to challenge the valuation of the farming land, which was a significant asset in dispute. The court ruled that the adversarial evidence was necessary to ensure a fair assessment of the property values.

Accordingly, the court granted the wife's application to present adversarial evidence regarding the value of the farming land, while dismissing the husband's application for a single expert to assess the roof repairs. The court also approved the joint appointment of a single expert to evaluate the potential for rezoning and subdividing the farming land. This decision ensures that both parties have a fair opportunity to present their case and challenge the valuations as needed.

The final orders of the court allow the wife to introduce the adversarial evidence from Mr B concerning the farming land, while dismissing the husband's application for a single expert for the roof repairs. The court also mandates the joint appointment of a single expert to assess the potential rezoning and subdivision of the farming land. These orders aim to facilitate a fair and comprehensive assessment of the parties' assets in the financial proceedings.