EXPERT EVIDENCE | Key Staff
Castalia provides expert evidence in court proceedings, international arbitrations, regulatory reviews, and to Governmental panels.Alex Sundakov— Alex is highly sought-after as an expert witness in antitrust cases and planning consent hearings. Alex provided expert testimony for the New Zealand Commerce Commission in a successful price-fixing prosecution against the Ophthalmologists Society of New Zealand. Alex’s comprehensive understanding of environmental economics and planning legislation has also helped a number of corporate clients pursue resource consent applications. He recently provided expert evidence on how to apply economic cost benefit tests in making decisions on the allocation of water rights, and gave testimony on the likely impacts of a permit trading scheme for nitrate discharges. Alex also acts as an expert witness in arbitration cases involving complex economic and regulatory issues.
David Ehrhardt—David's deep practical and theoretical knowledge of the economics and finance of infrastructure makes him a credible expert witness in disputes involving these topics. As expert for the Government of Tanzania in Biwater Gauff (Tanzania) v United Republic of Tanzania, David convinced the ICSID Tribunal that Biwater's investment in the Dar-es-Salaam water lease had no value. The Tribunal found (at paragraph 795) that “the correct approach to valuation here is that set out in the Castalia Report. The resounding conclusion is that City Water had no economic value". As a result, despite having been found to have expropriated City Water, no damages were awarded against the Government. In a related contractual case before the United Nations Commission of International Trade Law, City Water Services v Dar es Salaam Water and Sewerage Authority [ I:ProjectsC06085 Tanzania UNCITRAL Expert EvidenceAward-dated-31-December-2007.pdf], the Court awarded damages in favour of the Dar es Salaam Water Authority, stating (at paragraph 156) that it “considered at the hearing the testimony of David Ehrhardt… [and] found his testimony to be reliable and had no reason to doubt the figures which he presented”. David is also engaged by regulators and regulated utilities seeking credibility and authority in their arguments in regulatory proceedings.
Stephen Gale—Stephen is an experienced expert witness with a strong understanding of technical and analytical evidential issues. Stephen has given expert testimony in relation to competition law cases, merger and acquisition clearances, ground rent arbitrations and planning consent applications. He advised MasterCard in New Zealand on economic aspects of its defence against price fixing allegations, and he presented expert economic evidence on the economic impacts of a new supermarket construction in a resource consent appeal in New Zealand.
Nils Janson—Nils provides strategy and expert evidence on economic and financial issues for court cases, arbitrations and other proceedings to resolve disputes. In the matter of the failed water lease contract in Dar es Salaam, Nils was responsible for conducting valuation and drafting expert witness reports in arbitral proceedings under the jurisdiction of ICSID and UNCITRAL. Nils is currently advising the Government of Tanzania on the amounts owed under a disputed power purchase agreement.
Ben Gerritsen—Ben’s background as a litigation lawyer provides him with unique insights into persuasive analysis and arguments in expert economic evidence. Ben provides economic analysis supporting expert evidence in network and infrastructure industries. Ben provided analytical support for arbitrations over the failed water lease in Dar es Salaam, Tanzania and assisted with expert evidence for a price fixing claim against MasterCard in New Zealand.