Stott v Advanta Seeds Pty Ltd [2020] NSWSC 846

Stott v Advanta Seeds Pty Ltd [2020] NSWSC 846

The Court allowed the defendant to rely on further affidavits and expert reports and directed an expert conclave and joint report, noting that procedural issues including possible adjournment may be revisited if they arise. The Court also permitted listed witnesses to appear by audio-visual link due to pandemic health concerns.

Parties
First Plaintiff: Richard Joseph Stott; Second Plaintiff: Cheryl Ann Stott; Defendant: Advanta Seeds Pty Ltd ACN 010 933 061
Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Civil Procedure Directions/interlocutory Application / Interlocutory / Pre Trial Directions
Outcome
Orders made on interlocutory motion; costs reserved.
Legal Topics
Extension of Time, Leave to Rely on Evidence, Audio Visual Link Evidence, Expert Conclave
Civil Procedure Extension of Time Leave to Rely on Evidence Audio Visual Link Evidence Expert Conclave

Case Brief

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Parties

Richard Joseph Stott

First Plaintiff

Cheryl Ann Stott

Second Plaintiff

Advanta Seeds Pty Ltd ACN 010 933 061

Defendant

Procedural Posture

Civil Procedure Directions/interlocutory Application / Interlocutory / Pre Trial Directions

Legal Issues

  1. 1 Whether an extension of time should be granted to allow the defendant to rely on further lay and expert evidence
  2. 2 Whether certain witnesses should be permitted to give evidence by audio-visual link

Ratio Decidendi

The Court allowed the defendant to rely on further affidavits and expert reports and directed an expert conclave and joint report, noting that procedural issues including possible adjournment may be revisited if they arise. The Court also permitted listed witnesses to appear by audio-visual link due to pandemic health concerns.

Court Disposition

Orders made on interlocutory motion; costs reserved.

Orders

  • The defendant is granted leave to rely on specified additional affidavits and expert reports.
  • Experts are to confer in conclave by 8 July 2020 and produce a joint report by 17 July 2020.