Can You Believe It? Maintaining Your Expert Witness’s Credibility in Development Applications

Sometimes development application proceedings in the Land and Environment Court will need the support of expert witness evidence. Their evidence, as their Code of Conduct states, is “to assist the court impartially on matters relevant to the area of expertise of the witness”.  However, a recent case illustrates how the very preparation of an application can undermine it by compromising the supporting expert’s credibility.

 In Huajun Investments Pty Ltd v City of Canada Bay Council (No3) [2019] NSWLEC 42, an external planning consultant had been appointed to support a development application. In cross-examination, the Court became concerned as to the amount of involvement that the applicant's solicitor had in the drafting of the expert's affidavit and the process of how various versions had been finalised. The Court felt moved to comment that it was not clear “how much (or, perhaps, more correctly, how little) of the analysis, in fact, reflects [the Consultant’s] opinion rather than words put in his mouth, like the words from a marionette in a sophisticated puppet show”.

It is critically important that care is taken to ensure that the evidence provided by an expert witness is not compromised. This can happen in the process of engagement or the way the report is put together. We are experienced in managing the interaction between the parties to avoid the pitfalls while still providing the best support to a development application.

Contact Our Land and Environment Court Solicitors, Sydney, NSW

Szabo & Associates Solicitors are experienced practitioners in Land & Environment Court matters. Please call us on (02) 9046 8466 or fill in our online contact form.