Barescape Pty Ltd & Anor v Bacchus Holdings Pty Ltd & Anor (No 8) [2012] NSWSC 512

Barescape Pty Ltd & Anor v Bacchus Holdings Pty Ltd & Anor (No 8) [2012] NSWSC 512

The Court ruled that some documents and expert reports were inadmissible due to late tendering and non-compliance with procedural requirements and expert Code of Conduct, while other documents, when properly served and relied upon by experts in joint reports, were admissible as business records or expert working papers. Orders were made for the parties to submit Short Minutes of Order reflecting these admissibility rulings.

Jurisdiction
Australia
Judgment Date
16 May 2012
Procedural Posture
Interlocutory Applications / Rulings on Applications to Tender Documentary Evidence During Trial
Outcome
Detailed interlocutory rulings on admissibility of specific documents; parties directed to bring Short Minutes of Order to give effect to the judgment within 7 days; Court reserved the question of costs for further argument.
Legal Topics
['admissibility of Documentary Evidence' 'tendering of Expert Reports' 'business Records' 'procedural Fairness' 'exclusion of Evidence' 'court Books' 'expert Code of Conduct']
['practice and Procedure' 'evidence'] ['admissibility of Documentary Evidence' 'tendering of Expert Reports' 'business Records' 'procedural Fairness' 'exclusion of Evidence' 'court Books' 'expert Code of Conduct']

Case Brief

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Procedural Posture

Interlocutory Applications / Rulings on Applications to Tender Documentary Evidence During Trial

Legal Issues

  1. 1 ['Whether various documents, expert reports, business records, and working papers should be admitted in evidence during the trial' 'Whether late tendering of documents creates unfair prejudice affecting admissibility' 'Whether expert reports comply with procedural rules and expert Code of Conduct requirements']

Ratio Decidendi

The Court ruled that some documents and expert reports were inadmissible due to late tendering and non-compliance with procedural requirements and expert Code of Conduct, while other documents, when properly served and relied upon by experts in joint reports, were admissible as business records or expert working papers. Orders were made for the parties to submit Short Minutes of Order reflecting these admissibility rulings.

Court Disposition

Detailed interlocutory rulings on admissibility of specific documents; parties directed to bring Short Minutes of Order to give effect to the judgment within 7 days; Court reserved the question of costs for further argument.

Orders

  • ["Paragraph 36 of Mr Vella's 15 August report admitted." "Mr Carpenter's report not admitted beyond previous limitation order." 'Pages 15-17, 19, 22-23, 26-48, 152-159, 175-205 of MFI 40 not admitted; remainder marked Exhibit D98.' "Tab C, Tabs H, I, N-O, and certain other Tabs of Mr Vella's working papers admitted...