Arthur Eady v Owners Strata Plan 20530 [2007] NSWSC 236

Arthur Eady v Owners Strata Plan 20530 [2007] NSWSC 236

Subject to conditions to be determined, the defendant should be entitled to rely upon the three late expert reports, as the interests of justice require a fair opportunity for the defendant to present its case, and any procedural disadvantage to the plaintiff can be addressed by allowing the plaintiff to respond and by considering the issue of costs.

Jurisdiction
Australia
Judgment Date
09 March 2007
Procedural Posture
Equity Proceedings / Interlocutory Motion for Leave to Rely on Late Expert Reports
Outcome
Conditional leave granted to defendant to rely upon late expert reports; matter to be referred out on all issues.
Legal Topics
['case Management' 'extension of Time' 'expert Evidence']
['civil Procedure'] ['case Management' 'extension of Time' 'expert Evidence']

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 Proceedings / Interlocutory Motion for Leave to Rely on Late Expert Reports

Legal Issues

  1. 1 ['Whether the defendant should be granted leave to rely on expert reports served outside the time stipulated by prior court directions']

Ratio Decidendi

Subject to conditions to be determined, the defendant should be entitled to rely upon the three late expert reports, as the interests of justice require a fair opportunity for the defendant to present its case, and any procedural disadvantage to the plaintiff can be addressed by allowing the plaintiff to respond and by considering the issue of costs.

Court Disposition

Conditional leave granted to defendant to rely upon late expert reports; matter to be referred out on all issues.

Orders

  • ['Defendant is granted (subject to conditions to be determined) leave to rely on three late expert reports.' 'Plaintiff is to be given entitlement to respond to these reports.' 'Matter is appropriate to be referred out to a referee on all issues; parties to attempt to agree on a referee, failing which the Court will...