Sungrow Australia Group Pty Ltd v Sanctus One Pty Ltd [2018] NSWSC 537

Sungrow Australia Group Pty Ltd v Sanctus One Pty Ltd [2018] NSWSC 537

Sanctus had repeatedly failed to comply with orders to serve expert evidence, including a final guillotine order, and its explanation for the further default was weak. The difficulty was entirely of Sanctus' own making, the matter remained fixed for hearing, and the Court would not consider leave to rely on any expert report unless and until such a report was served. The Notice of Motion was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
26 April 2018
Procedural Posture
Equity Commercial List Proceeding Concerning Recovery of Money for Supply of Solar Panels / Defendants' Notice of Motion Filed 23 April 2018 Seeking Extension of Time to Serve Expert Evidence
Outcome
Defendants' Notice of Motion filed 23 April 2018 dismissed with costs.
Legal Topics
['expert Evidence' 'extension of Time' 'guillotine Order' 'commercial List Case Management']
['practice and Procedure' 'commercial Litigation'] ['expert Evidence' 'extension of Time' 'guillotine Order' 'commercial List Case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Commercial List Proceeding Concerning Recovery of Money for Supply of Solar Panels / Defendants' Notice of Motion Filed 23 April 2018 Seeking Extension of Time to Serve Expert Evidence

Legal Issues

  1. 1 ['Whether Sanctus should be granted, in effect, an extension of time until 25 May 2018 to serve expert evidence after failing to comply with three prior orders.' 'Whether the Court should consider granting leave for Sanctus to rely on expert evidence before any expert report is served.' 'Whether the proposed late expert evidence could be accommodated without vacating the hearing fixed to commence on 16 July 2018.']

Ratio Decidendi

Sanctus had repeatedly failed to comply with orders to serve expert evidence, including a final guillotine order, and its explanation for the further default was weak. The difficulty was entirely of Sanctus' own making, the matter remained fixed for hearing, and the Court would not consider leave to rely on any expert report unless and until such a report was served. The Notice of Motion was therefore dismissed with costs.

Court Disposition

Defendants' Notice of Motion filed 23 April 2018 dismissed with costs.

Orders

  • ["Sanctus' Notice of Motion of 23 April 2018 is dismissed with costs."]