Tredrea v KPMG Financial Advisory Services (Australia) Pty Ltd [2019] NSWSC 130

Tredrea v KPMG Financial Advisory Services (Australia) Pty Ltd [2019] NSWSC 130

Leave to rely on Mr McCarty's report was refused because Mr Molony had not resiled from his willingness to give evidence or indicated he would not attend conferences, an expert conclave, or cooperate in preparing a joint report; there was no reason to doubt he would discharge his duty to the Court; and substituting Mr McCarty's report at that late stage was likely to cause serious, unjustified prejudice to KPMG.

Jurisdiction
Australia
Judgment Date
21 February 2019
Procedural Posture
Shareholders' Class Action; Representative Proceedings / Plaintiff's Notice of Motion Seeking Leave to Rely on an Alternate Expert Report Served Out of Time
Outcome
Plaintiff's Notice of Motion filed 25 January 2019 dismissed with costs.
Legal Topics
['conduct of Proceedings' 'expert Evidence' 'late Service of Expert Evidence' 'prejudice to Defendant']
['civil Procedure' 'representative Proceedings'] ['conduct of Proceedings' 'expert Evidence' 'late Service of Expert Evidence' 'prejudice to Defendant']

Case Brief

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Procedural Posture

Shareholders' Class Action; Representative Proceedings / Plaintiff's Notice of Motion Seeking Leave to Rely on an Alternate Expert Report Served Out of Time

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to rely on the expert report of Mr Michiel McCarty dated 7 January 2019 in lieu of the reports of Mr Andrew Molony.' 'Whether Mr Molony was likely to cooperate in the lead-up to trial and comply with his duty to the Court.' 'Whether allowing late substitution of expert evidence would cause unjustified prejudice to KPMG.']

Ratio Decidendi

Leave to rely on Mr McCarty's report was refused because Mr Molony had not resiled from his willingness to give evidence or indicated he would not attend conferences, an expert conclave, or cooperate in preparing a joint report; there was no reason to doubt he would discharge his duty to the Court; and substituting Mr McCarty's report at that late stage was likely to cause serious, unjustified prejudice to KPMG.

Court Disposition

Plaintiff's Notice of Motion filed 25 January 2019 dismissed with costs.

Orders

  • ["Plaintiff's Notice of Motion filed 25 January 2019 is dismissed with costs."]