NSW Fabricated Expert Witness Report for NCAT - Suggestions?

Discussion in 'Australian Consumer Law Forum' started by Sanjaya Shrestha, 15 April 2019.

  1. Sanjaya Shrestha

    Sanjaya Shrestha Active Member

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    Hi

    I engaged a Building Consultant to provide me Expert Witness Report and Scott Schedule for NCAT case against the builder.

    The cost to repair defects is almost 500K for a fairly new home where the Expert referred the most of the defects as structural defects. Any cracks, loose trims are referred to structural defects. Missing insulation around the area of downlight as defect where the area should be without insulation as per electrical standard. The report includes a defect on a window where there is no window at all. There are numerous errors.

    I was dragged to the court by the Expert for dispute on an invoice and surprised to lose the case where a court-annexed arbitrator did not accept the false claim in the report saying that NCAT should have to reject the report. I am in opinion that NCAT does not decide if the content of the report is correct or not. As per NCAT Procedural Direction 3, the Expert should have corrected the document once I reported the issues on the report.

    Does this mean, the Expert can include anything in the report? I am pretty sure there is professional negligence to prepare the report with so many errors where there is no proper scope of work, estimated cost is just number without any breakdown of the cost. The arbitrator accepted the cost and there is no need to have itemization for almost 500K worth rectification for 20 defects as the Expert can give cost based on 48 years of experience.

    I did not get any good suggestion and action that can be taken against professional negligence and misconduct and poor service as his report is not fit to serve to NCAT. The report based on visual inspection is even not worth $1,000 but I was charged with around $19,000 just for the report. Later on, I found that the alleged defects can be repaired in around $30K.

    I highly appreciate for your valuable suggestion or referral to any caselaw similar to my case.

    Thanks.
     
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