A court-appointed report is not appealed like a judgment. It is attacked through reasoned objections — and for those the court sets a period. Letting it lapse costs not only time but possibly the opportunity to be heard at all.
The period under section 411(4) ZPO
Once the written report has been received, the court sets the parties a period within which they may comment and raise objections. This period is no formality: late submissions may be rejected under the general rules where they would delay the proceedings.
What must happen within the period
- Review the report technically — as to underlying facts, choice of approach, derivation of input values and completeness of the property survey
- Name the complaints specifically rather than disputing in general terms
- Where appropriate, apply for the expert to be heard orally
- Where the technical defects carry weight: propose a fresh assessment under section 412 ZPO
The review takes longer than the period suggests
Reviewing a sixty-page valuation report properly cannot be done in a few days — least of all where documents have to be requested. Anyone who only seeks technical support once the period has started works under pressure from the outset. It makes sense to begin the review as soon as the report is available.
Challenge for bias runs separately
To be distinguished from objections is the application to challenge the expert for apprehension of bias. Under section 406(2) ZPO a separate, short period applies to that, running from notification of the identity of the expert — not from the report.
What I contribute
Procedural conduct rests with your legal representatives. I supply the valuation groundwork: review of the report, identification of specific defects and, where it holds up, my own valuation as evidence.
Which format suits a disputed valuation is compared under Review, arbitral and court appraisals.
Please note: the content of this article is provided for general information only and does not constitute legal, tax, financial or investment advice. It is not a substitute for individual advice from a licensed lawyer, tax adviser or financial adviser. Despite careful research, we accept no liability for the accuracy, completeness or currency of the information provided. For specific legal or tax questions, please consult a qualified professional adviser.
