Wild v McKay [2018] NSWSC 1400

Wild v McKay [2018] NSWSC 1400

The material referred to in the defendants' expert report should have been provided without request pursuant to the Expert witness code, and the failure to provide it was a problem entirely within the defendants' side of the matter; accordingly, production orders should be made with temporary restricted access to allow any confidentiality application, and the defendants should pay the plaintiffs' costs of the motion.

Jurisdiction
Australia
Judgment Date
06 September 2018
Procedural Posture
Notice of Motion for Production of Documents Pursuant to S 68 of the Civil Procedure Act 2005 (nsw), Alternatively Discovery, Alternatively Leave to Issue a Subpoena for Production / Procedural Ruling on Plaintiffs' Notice of Motion Filed 22 August 2018
Outcome
Motion granted; defendants ordered to produce documents and pay the plaintiffs' costs of the motion.
Legal Topics
['production of Documents' 'discovery' 'expert Evidence' 'expert Witness Code of Conduct' 'confidentiality' 'costs of Motion']
['civil Procedure'] ['production of Documents' 'discovery' 'expert Evidence' 'expert Witness Code of Conduct' 'confidentiality' 'costs of Motion']

Case Brief

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Procedural Posture

Notice of Motion for Production of Documents Pursuant to S 68 of the Civil Procedure Act 2005 (nsw), Alternatively Discovery, Alternatively Leave to Issue a Subpoena for Production / Procedural Ruling on Plaintiffs' Notice of Motion Filed 22 August 2018

Legal Issues

  1. 1 ['Whether documents referred to in the defendants\' expert report, described as "ABS/Agripath client comparative analysis data", should be produced.' 'Whether access to the documents should be restricted pending any confidentiality application.' "Who should pay the costs of the plaintiffs' notice of motion."]

Ratio Decidendi

The material referred to in the defendants' expert report should have been provided without request pursuant to the Expert witness code, and the failure to provide it was a problem entirely within the defendants' side of the matter; accordingly, production orders should be made with temporary restricted access to allow any confidentiality application, and the defendants should pay the plaintiffs' costs of the motion.

Court Disposition

Motion granted; defendants ordered to produce documents and pay the plaintiffs' costs of the motion.

Orders

  • ['The defendants produce the documents sought in the notice to produce dated 6 July 2018 to the Court within seven days.' 'Access to the documents be restricted to the legal representatives of the parties and their expert witnesses until further order of the Court.' 'The defendants are to make any application to...