Assafiri v The Shell Company [2010] Law Essay Paper (Essay Sample)

Assafiri v The Shell Company [2010]
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Author’s Note
Assafiri v The Shell Company [2010]
Introduction
In the Assafiri v The Shell Company of Australia Limited [2010] NSWSC 1058, the plaintiff (Assafiri) presented a complaint against the company (The Shell Company of Australia) claiming that poor quality work had been done by the construction company (Doyles, 2015). Moreover, the plaintiff went ahead to present a witness which according to the accused was not qualified enough to assess the work that had been done by the accused. The court however did not allow the plaintiff’s witness to present their expertise testimonial over the work that had been done in line with the evidence they presented on behalf of the plaintiff which made it impossible to prove anything in relation to the construction case (Doyles, 2015). This paper discusses the matters and decisions taken in the case of Assafiri v The Shell Company of Australia Limited [2010] NSWSC 1058 to analyse the situation of dissatisfactory evidence presented by experts in the environmental field in relation to this case.
Facts of the Case
The jurisdiction of this case fell under the Equity Division and therefore Commercial List by nature of arguments. In the first case, the plaintiff had purchased land by contracts of sale on the 29th March 2006 yet the defendant was in the ownership of the same land two days earlier given that the owner had leased it to the defendant at the time (Doyles, 2015). The lease which was for one year required that Shell Company developed the land’s use value in that there would be no need for remediation on the land. Besides, Shell was to show a certificate in confirmation of its expertise in remediation. Given that the defendant did not meet the provisions as stipulated in the contract, the plaintiff filed a case claiming that the defendant breached the contract of these roles and therefore did not accomplish tasks as required by the cost of the work he was paid.