The recent decision in Eckford v Six Mile Creek Pty Ltd
(No.2) [2019] FCA 1307 (Eckford) provides a
valuable insight into the Court's considerations when
determining the reliability of expert evidence.
It is also a timely reminder for experts that care and skill
must be applied when forming an opinion and giving evidence during
the course of proceedings, whether that be through the provision of
an expert report or providing oral testimony.
Background
Mr Eckford commenced proceedings against Six Mile Creek
alleging, amongst other things, that Six Mile Creek made
misrepresentations during the sale of a lot of land. The substance
of Six Mile Creek's representations in 2007 were as
follows:
