Chaina v Presbyterian Church (NSW) Property Trust (No. 14) [2013] NSWSC 1169

Chaina v Presbyterian Church (NSW) Property Trust (No. 14) [2013] NSWSC 1169

The affidavit of Dr Fong sworn 10 November 2009 was served for use on a specific Notice of Motion rather than as expert evidence in the substantive proceedings, was not included in the material supplied by agreement for the earlier judgment, and in any event its general statement would not have altered the conclusion reached after weighing the opinions of the six testing experts.

Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Interlocutory Application / Application by the Plaintiffs to Reopen and Vary an Earlier Judgment
Outcome
The application to reopen my earlier judgment is refused.
Legal Topics
['application to Reopen Judgment' 'expert Evidence' 'service of Expert Reports' 'interlocutory Applications']
['civil Procedure' 'evidence'] ['application to Reopen Judgment' 'expert Evidence' 'service of Expert Reports' 'interlocutory Applications']

Case Brief

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Procedural Posture

Interlocutory Application / Application by the Plaintiffs to Reopen and Vary an Earlier Judgment

Legal Issues

  1. 1 ['Whether the Plaintiffs should be permitted to reopen and vary the earlier judgment on the basis of an affidavit of Dr Fong sworn 10 November 2009.' 'Whether the affidavit of Dr Fong was material that should have been considered in the earlier judgment.']

Ratio Decidendi

The affidavit of Dr Fong sworn 10 November 2009 was served for use on a specific Notice of Motion rather than as expert evidence in the substantive proceedings, was not included in the material supplied by agreement for the earlier judgment, and in any event its general statement would not have altered the conclusion reached after weighing the opinions of the six testing experts.

Court Disposition

The application to reopen my earlier judgment is refused.

Orders

  • ['The application to reopen my earlier judgment is refused.']