Henderikus Zandstra v Peter Samuel Smith [2011] NSWSC 855

Henderikus Zandstra v Peter Samuel Smith [2011] NSWSC 855

There was no evidence of prejudice or surprise to the cross-defendants due to late service of the expert evidence, and the report was served almost concurrently with the joinder. In the interest of justice and without evidence against allowing the evidence, the cross-claimants are permitted to adduce expert evidence of Mr Taylor at the hearing, subject to objections. Costs are ordered against the cross-claimants as they sought an indulgence from the court.

Jurisdiction
Australia
Judgment Date
17 June 2011
Procedural Posture
Interlocutory Applications / Application for Leave to Adduce Expert Evidence at Hearing
Outcome
Application granted. Cross-claimants permitted to adduce expert evidence at hearing. Costs ordered against cross-claimants.
Legal Topics
['expert Evidence' 'directions for Adducing Evidence' 'costs']
['practice and Procedure'] ['expert Evidence' 'directions for Adducing Evidence' 'costs']

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Procedural Posture

Interlocutory Applications / Application for Leave to Adduce Expert Evidence at Hearing

Legal Issues

  1. 1 ['Should cross-claimants be permitted to adduce expert evidence from Mr Taylor at the hearing?' 'Was there prejudice to the cross-defendants from late service of the expert report?' 'Should costs be ordered against the cross-claimants?']

Ratio Decidendi

There was no evidence of prejudice or surprise to the cross-defendants due to late service of the expert evidence, and the report was served almost concurrently with the joinder. In the interest of justice and without evidence against allowing the evidence, the cross-claimants are permitted to adduce expert evidence of Mr Taylor at the hearing, subject to objections. Costs are ordered against the cross-claimants as they sought an indulgence from the court.

Court Disposition

Application granted. Cross-claimants permitted to adduce expert evidence at hearing. Costs ordered against cross-claimants.

Orders

  • ['The cross-claimants may adduce at the hearing, subject to all just objections and exceptions, expert evidence of Mr Frank Taylor to the extent covered by his report of 16 September 2009.' "The cross-claimants pay the cross-defendants' costs of the motion." "The plaintiff's costs of today will be costs in the...