Chaina & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 3) [2009] NSWSC 1243

Chaina & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 3) [2009] NSWSC 1243

Despite significant delay and disruption, and although much of the defendants' preparation will have been wasted, the stage of the case (no hearing date allocated) and the potential that plaintiffs' case would fail for lack of evidence justify giving leave to adduce further lay and expert evidence, provided substantial costs orders are made to remedy prejudice to the defendants.

Jurisdiction
Australia
Judgment Date
23 November 2009
Procedural Posture
Civil / Interlocutory Application; Case Management—no Hearing Date Allocated
Outcome
Application of plaintiffs granted; costs orders made against plaintiffs.
Legal Topics
['case Management' 'interlocutory Applications' 'expert Evidence' 'evidentiary Procedure' 'costs Orders']
['civil Procedure'] ['case Management' 'interlocutory Applications' 'expert Evidence' 'evidentiary Procedure' 'costs Orders']

Case Brief

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Procedural Posture

Civil / Interlocutory Application; Case Management—no Hearing Date Allocated

Legal Issues

  1. 1 ['Whether to grant company plaintiffs leave to adduce further expert and lay evidence in support of their damages claim' 'Whether the application to adduce further evidence, which changes the evidentiary basis of the case, should be permitted given the delay and impact on defendants']

Ratio Decidendi

Despite significant delay and disruption, and although much of the defendants' preparation will have been wasted, the stage of the case (no hearing date allocated) and the potential that plaintiffs' case would fail for lack of evidence justify giving leave to adduce further lay and expert evidence, provided substantial costs orders are made to remedy prejudice to the defendants.

Court Disposition

Application of plaintiffs granted; costs orders made against plaintiffs.

Orders

  • ['Orders 1(b) and 2 from 9 June 2009 varied to extend time for compliance for service of industrial product formulae and manufacture documentation.' 'Order 5 from 9 June 2009 varied to extend time for further evidence (witness statements and expert reports) relating to domestic products.' 'Plaintiffs given leave to...