Capitol Carpets Pty Ltd v Schwartz Family Co Pty Ltd  NSWSC 1753
The sure fire way to undermine an expert report or evidence of an expert witness is if the assumptions on which the expert bases their opinion are not proved in evidence in chief. The decision of the NSW Supreme Court in Capitol Carpets Pty Ltd v Schwartz Family Co Pty Ltd  NSWSC 1753 in an example of where the expert evidence was of little weight. The assumptions of the expert were not proved by other evidence.
How to ensure the assumptions of your expert are proved
The decision confirms the demonstrates the desirability of having the expert report settled by Counsel familiar with the rules of evidence. It also highlights why an advice on evidence is essential.