MCK Lawyers acted for the insurer in this case.
The decision was about expert evidence, particularly valuation evidence. The claim was defended on a number of grounds including a challenge to the evidence that was relied on by the plaintiff. The Court of Appeal upheld Justice McDougall’s decision to reject the valuation report that had been tendered by the plaintiff on the grounds that the report did not disclose the valuer’s reasoning process in arriving at the assessed value and it failed to show how the valuer’s assessment was based on the application of his specialised knowledge to the facts.
As a result of the defence strategy, the Plaintiff’s claim was reduced from $4,068,000 to $991,946. The court concluded that 'there was no error on the part of the primary judge in rejecting the Valuation Report. The appeal should be dismissed with costs.'
Commentaires