Chaina v Presbyterian Church (NSW) Property Trust (No. 20) [2013] NSWSC 1629

Chaina v Presbyterian Church (NSW) Property Trust (No. 20) [2013] NSWSC 1629

The Court refused permission because the Plaintiffs provided no explanation for not obtaining Dr Richardt's latest report earlier, the application was made at a very late stage, and the Plaintiffs already had three other reports in reply to the Defendant's 2013 reports.

Jurisdiction
Australia
Judgment Date
06 November 2013
Procedural Posture
Interlocutory Applications / Plaintiffs' Application to Serve and Rely on a Further Expert Report
Outcome
Application refused.
Legal Topics
['expert Evidence' 'evidence in Reply' 'late Service of Expert Report']
['evidence'] ['expert Evidence' 'evidence in Reply' 'late Service of Expert Report']

Case Brief

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Procedural Posture

Interlocutory Applications / Plaintiffs' Application to Serve and Rely on a Further Expert Report

Legal Issues

  1. 1 ["Whether the Plaintiffs should be permitted to serve and rely on a further report of Dr Richardt in reply to the Defendant's 2013 expert reports at a late stage of the proceedings."]

Ratio Decidendi

The Court refused permission because the Plaintiffs provided no explanation for not obtaining Dr Richardt's latest report earlier, the application was made at a very late stage, and the Plaintiffs already had three other reports in reply to the Defendant's 2013 reports.

Court Disposition

Application refused.

Orders

  • ['The Plaintiffs are not permitted to serve or rely on the further report of Dr Richardt of November 2013.']