An opinion does not bind the court. The judge applies the law of their own motion and is not held to a view submitted by one side. It can, though, be put on the file in support of a party’s arguments.
The Code of Civil Procedure (No. 6100) expressly allows the parties to submit an expert opinion on matters calling for special or technical knowledge. In complex commercial and technical disputes that contributes to the court’s assessment and sharpens the framework within which the court-appointed expert then works. An opinion prepared before the decision was taken does something else again: it is strong evidence that the directors met their duty of care. How much weight any of it carries depends on how sound the reasoning is and how technical the subject is.
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