Chaina v Presbyterian Church (NSW) Property Trust (No. 22)

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Chaina v Presbyterian Church (NSW) Property Trust (No. 22) [2013] NSWSC 1707
Hearing dates: 12 November 2013
Decision date: 12 November 2013
Jurisdiction: Common Law
Before: Davies J
Decision:
MFIs 34 to 43 should be admitted into evidence.

Catchwords: EVIDENCE - admissibility - documents shown to witness in cross-examination and marked for identification - expert witness provides opinion on documents and cross-examination - documents admissible
Category: Interlocutory applications
Parties: Mathew Chaina (First Plaintiff) and ors
Presbyterian Church (NSW) Property Trust (First Defendant) and ors
Representation: Counsel:
In person (Plaintiffs)
R Stitt QC, G L Turner & H Stitt (Defendants)
Solicitors:
In person (Plaintiffs)
Curwoods Lawyers (Defendants)

File Number(s): 2002/69354

Judgment

MFIs 34 to 39 were shown to Mr Chaina during his cross-examination. He said he recognised them as infrared spectrum analysis graphs, but he said he was not able to interpret those graphs or to interpret them without what he called a reference (see T 1000ff).

MFI 40 was a two page document written by Mr Chaina whilst in the witness box setting out what he said he did when he reverse engineered a laundry powder.

MFIS 41 to 43 were graphs described as Mass Spectrum, Nuclear Magnetic Spectroscopy and Infrared Spectrum graph. They were shown to Mr Chaina during his cross-examination and he was asked questions about them.

Those MFIs were provided to Dr McDonald with a copy of the cross-examination of Mr Chaina in relation thereto. That has enabled Dr McDonald to draw various conclusions concerning the extent of Mr Chaina's knowledge, a matter which goes to an issue in this case, namely the likelihood that he could have prepared the formulae that he claims to have done in the way that he claims to have done it.

In those circumstances, those MFIs appear to me to be clearly relevant to an issue and to be admissible. They will be marked Exhibits 226 to 235 respectively.

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Amendments

20 November 2013 - Paragraphs 2 and 3 added

Amended paragraphs: 1, 2 and 3

CaseChat Overview and Summary

In Chaina v Presbyterian Church (NSW) Property Trust (No. 22), the dispute arose from a claim for damages for alleged breaches of statutory duty under the Strata Titles Act 1992 (NSW). The case was heard in the Supreme Court of New South Wales. The plaintiff, Chaina, alleged that the defendant, Presbyterian Church (NSW) Property Trust, had breached its statutory obligations in relation to the maintenance and management of a strata titled property. The plaintiff sought damages for alleged breaches of statutory duty, including the failure to maintain common property and the failure to provide proper notice of a strata plan amendment.

The central legal issue before the court was whether certain documents shown to an expert witness during cross-examination and subsequently marked for identification could be admitted as evidence. The defendant argued that these documents were inadmissible as they had not been disclosed in accordance with the court's prior directions. The plaintiff contended that the documents were admissible as they were used to form the basis of the expert's opinion, which was given during cross-examination. The court was required to determine the admissibility of these documents and whether the expert's opinion, based on these documents, could be considered by the court.

The court held that the documents were admissible as they were shown to the expert witness during cross-examination and marked for identification. The court reasoned that the documents were integral to the expert's opinion, which was provided during cross-examination. The court noted that the purpose of the directions was to ensure fairness in the trial, and in this case, the defendant had not been prejudiced by the late disclosure of the documents. The court further held that the expert's opinion, based on these documents, could be considered by the court. The Supreme Court found that the documents were properly admitted, and the expert's opinion could be relied upon in the determination of the case. The court's decision on the admissibility of the documents and the expert's opinion was a critical factor in the proceedings, as it allowed for a comprehensive evaluation of the statutory duty breaches alleged by the plaintiff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Chaina v Presbyterian Church (NSW) Property Trust (No. 22) [2013] NSWSC 1707
Hearing dates:	12 November 2013
Decision date:	12 November 2013
Jurisdiction:	Common Law
Before:	Davies J
Decision:	MFIs 34 to 43 should be admitted into evidence.
Catchwords:	EVIDENCE - admissibility - documents shown to witness in cross-examination and marked for identification - expert witness provides opinion on documents and cross-examination - documents admissible
Category:	Interlocutory applications
Parties:	Mathew Chaina (First Plaintiff) and ors Presbyterian Church (NSW) Property Trust (First Defendant) and ors
Representation:	Counsel: In person (Plaintiffs) R Stitt QC, G L Turner & H Stitt (Defendants) Solicitors: In person (Plaintiffs) Curwoods Lawyers (Defendants)
File Number(s):	2002/69354