| Expert
Witness
Members of Mackay & Schnellmann Pty Limited
have appeared as expert witnesses on behalf of individuals, corporate
entities and regulatory authorities. The company has also given
professional advice and expert opinion to legal and commercial counsel
on many aspects of geology and the exploration and mining industries.
Examples of recent expert witness assignments are:
WESTERN AUSTRALIA, 1998
Detailed confidential expert opinion was provided on questions raised
by the Australian Securities and Investments Commission relating
to reports issued by a publicly listed resource company. The opinion
covered interpretation of diamond exploration results, the reporting
standards for geologists preparing reports to be submitted to the
Australian Stock Exchange for issue to the public and whether or
not the reports at issue satisfied the spirit and letter of the
requirements laid down by regulatory authorities. Subsequently,
the Director of Public Prosecutions instituted legal action against
a director of the company in question and as a consequence a court
appearance was made as an expert witness.
WESTERN AUSTRALIA, 1996
A valuation was prepared for a Western Australian company on their
interest at an earlier date in a major nickel laterite deposit in
the Eastern Goldfields. The valuation was required as part of the
evidence being presented in a Supreme Court action. No site visit
could be made to the area and the Valuation had to be based solely
on discovered evidence. The intention was an eventual appearance
as an expert witness but in the event the matter was settled out
of court.
WESTERN AUSTRALIA, 1991
Advice was given to the legal representative of a consultant geologist
whom the Australian Securities and Investments Commission were considering
prosecuting along with the directors of a publicly listed company.
The consultant had prepared a valuation of a group of alluvial gold
mineral properties in New Zealand for a public float. The matters
considered and advised upon were the requirements of the various
regulatory bodies at the time the alleged offence had occurred and
whether or not the consultant in question had observed the guidelines
and exercised the necessary due diligence. The case did not come
to court as a technical defence could be raised by the parties concerned.
Additional examples of professional
assignments carried out by Mackay and Schnellmann Pty Limited that
have involved expert witness or similar related activities will
be found on the other Expertise pages as well as on the Commodities
pages of this website.
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