This proceeding involved an alleged breach of the “fair dealing rule” by trustees, arising from the division of ownership of large cattle stations between four siblings. The Court appointed three experts to value the cattle stations and associated assets. After the reports of the Court-appointed experts were delivered, the plaintiff sought leave to have his own valuers appointed as experts pursuant to r 429N(3) of the UCPR or alternatively for leave to lead his own expert valuation evidence at trial.
The plaintiff’s application to have experts become court-appointed experts under r 429N(3) was refused. However, the Court gave leave for the plaintiff to rely up on the expert evidence of his valuers at trial. The Court also granted an application for access for one of the plaintiff’s experts to carry out an inspection.
Stewart Webster (with L F Kelly QC) appeared on behalf of the Second and Third Defendants, instructed by Allens.
The judgment is available here.