The importance of appropriate assumptions and instructions to experts

Kingston v Head, Transport for Victoria; Jomaring Pty Ltd v Head, Transport for Victoria (No 2) [2024] VSC 231

In this case, expert evidence was rejected by the court because it was based on assumptions that were unsupported by a reasonable interpretation of the law and/or the evidence.

Background

These were two proceedings where the plaintiffs were successful in their claim for increased compensation in relation to the compulsory acquisition of two land holdings located in Dingley under the Land Acquisition and Compensation Act 1986 (Vic). They sought payment of their costs of the proceeding on a standard basis.

The defendant, Head, Transport for Victoria (the Authority), opposed the claim and in turn, sought its costs of the proceeding on a standard basis to the date of the expiry of its Calderbank offer. Thereafter, it sought its costs on an indemnity basis.