Motor Vehicle Assessments for Warranty and Repair Disputes
Motor Vehicle Assessments for Warranty and Repair Disputes
Motor Vehicle Assessments for Warranty and Repair Disputes
INDEPENDENT EXPERT (WITNESS) REPORTS SINCE 2014 - THE REPORTS ARE GUARANTEED TO BE OF HIGHEST QUALITY AND COMPLIANT WITH THE TRIBUNAL OR COURT!
CALL 0412 220 303
A REPRINT OF AN ACTUAL COURT ORDER
- Michael Barko, Magistrate in the Sydney Local Court, made the following comment, on 3 September, 2021, in the matter Kazzi Corporation Pty Ltd v Secure Parking Pty Ltd.
I scrutinised Mr Kannen’s written and oral evidence very carefully given that his expertise had been challenged. Mr Kannen, to my observations and experience, presented very well in the witness box. He answered questions directly and adamantly and made concessions when and where appropriate. The most telling concession he made “knocked” Mr Ang “for 6”.
He conceded that he had never been employed as a panel beater or spray painter and had no experience as an assessor.
He became apparently indignant when it was suggested to him in cross-examination that he did not have the necessary or appropriate experience in the motor vehicle industry to express relevant and acceptable opinions in the Proceedings”. The Magistrate continued:
“All-in-all I prefer the opinions of Mr Kannen in respect of what work was required to be carried out to the nearside and front of the Car. I also prefer his opinion as to the offside of the Car, he having conceded the R&R and repainting of the front offside guard. Mr B. assessment is in evidence before me and has been admitted for all purposes. Mr B. opinions in his report and assessment are not dissimilar to that of Mr Kannen. I have already referred to my dissatisfaction with various aspects of the evidence of Mr DS. and Mr W. and where there is conflict between their evidence and that of Mr Kannen, I prefer the evidence of Mr Kannen”.