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Supreme Court judgements

Supreme Court judgements

By Professor Greg Reinhardt

Courts Judgment Justice 

Apprehended bias and expert valuation – summary judgment The Gull Lexington Group Pty Ltd v Laguna Bay (Banongill) Agricultural Ltd [2018] VSCA 85 (unreported, 10 April 2018, S APCI 2017 0069, Santamaria JA and McDonald AJA) This was an application for leave to appeal an order of a judge of the County Court giving summary judgment to the defendant/respondent. The applicant and the respondent had entered into an agreement for the sale of business assets, including livestock. The applicant was the vendor and the respondent the purchaser. The agreement provided for a valuation of the livestock. Ultimately, an independent expert valuer was appointed. At issue in proceedings commenced by the applicant in the County Court was whether the expert valuation of livestock should be set aside on the basis that the valuation had not been made in accordance with the agreement, that the expert had acted partially or that there was apprehended bias on the part of the expert.

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