This is what can happen when using an inferior Expert:
An actual NCAT Determination - the full official report can be sent for your viewing.
Mr XXXX Report is not persuasive. I found his Report unsatisfactory in several respects:
the Report uses derogatory and offensive language which is usually not found in a carefully
crafted expert report setting out methodology, opinions and reasons, such as "laughable", how
he was "shocked", and "clear as mud" to select a few examples. He engaged in a personal
criticism of Mr Kannen at [6.1]; and he referred to Mr Kannen's opinion as an "accusation" [8.1].
In 39 years litigation experience in the NSW State Courts and the Federal Court of Australia I
have never seen an expert report using such language. I find that the language and style of the
Report shows that it was written by Mr XXXXX in the role of an advocate for the respondents
rather than as an independent expert with a primary duty to assist the Tribunal. I prefer the
other (Mr Kannen's) expert reports.