Yammine v Lantrak Holdings Pty Ltd [2022] FCA 179

Yammine v Lantrak Holdings Pty Ltd [2022] FCA 179

Leave to rely on expert evidence lodged late in the proceedings was refused because the applicants failed to provide a proper explanation for the delay, and allowing it would disrupt trial preparation, cause prejudice, and contravene principles of efficient case management.

Parties
First Applicant: Norman Yammine; Second Applicant: NJA Pty Ltd ACN 616 524 611; First Respondent: Lantrak Holdings Pty Ltd ACN 615 969 483; Second Respondent: Gary Robert Liemant
Jurisdiction
Australia
Judgment Date
07 February 2022
Procedural Posture
Commercial Dispute / Interlocutory Application; Orders on Preparation for Trial
Outcome
Leave to file and rely on expert report dismissed; procedural timetable established.
Legal Topics
Collateral Contract, Expert Evidence, Case Management, Sale of Business
Commercial Law Corporations Law Collateral Contract Expert Evidence Case Management Sale of Business

Case Brief

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Parties

Norman Yammine

First Applicant

NJA Pty Ltd ACN 616 524 611

Second Applicant

Lantrak Holdings Pty Ltd ACN 615 969 483

First Respondent

Gary Robert Liemant

Second Respondent

Procedural Posture

Commercial Dispute / Interlocutory Application; Orders on Preparation for Trial

Legal Issues

  1. 1 Whether leave should be granted to rely on expert evidence filed late
  2. 2 Effect of late introduction of expert accounting evidence about profitability of Lantrak NSW business
  3. 3 Appropriateness of allowing amendment or substantial change at late stage for expert evidence

Ratio Decidendi

Leave to rely on expert evidence lodged late in the proceedings was refused because the applicants failed to provide a proper explanation for the delay, and allowing it would disrupt trial preparation, cause prejudice, and contravene principles of efficient case management.

Court Disposition

Leave to file and rely on expert report dismissed; procedural timetable established.

Orders

  • Applicants granted leave to file and serve subpoena to Mr Antonino Trimboli, returnable 23 February 2022.
  • Applicants to provide respondents with draft Court Book index by 14 February 2022 including current pleadings and documents expected to be tendered.