Sun v He [2022] NSWSC 145

Sun v He [2022] NSWSC 145

Exceptional circumstances justified dispensing with the usual service of the expert report on the defendants because serving it in advance could enable them to tailor their evidence, and the report is relevant only to countering the defendants' case. A suppression order was also necessary to protect the integrity of the proceeding.

Parties
Plaintiff: Bo Sun; Defendant: He
Jurisdiction
Australia
Judgment Date
17 February 2022
Procedural Posture
Equity Proceeding / Ex Parte Application Before Trial; Procedural Ruling on Admissibility and Service of Expert Evidence
Outcome
Application granted.
Legal Topics
Expert Evidence, Markus Order, Service of Evidence, Suppression Order, Fraud Allegations
Civil Procedure Evidence Equity Expert Evidence Markus Order Service of Evidence Suppression Order Fraud Allegations

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Parties

Bo Sun

Plaintiff

He

Defendant

Procedural Posture

Equity Proceeding / Ex Parte Application Before Trial; Procedural Ruling on Admissibility and Service of Expert Evidence

Legal Issues

  1. 1 Whether the plaintiff should be excused from serving an expert report on the defendants prior to trial and granted leave to tender the report at hearing (Markus order)
  2. 2 Whether a suppression order should be made over certain materials for the protection of the proceeding

Ratio Decidendi

Exceptional circumstances justified dispensing with the usual service of the expert report on the defendants because serving it in advance could enable them to tailor their evidence, and the report is relevant only to countering the defendants' case. A suppression order was also necessary to protect the integrity of the proceeding.

Court Disposition

Application granted.

Orders

  • Leave granted to Plaintiff to file Notice of Motion and Neal affidavit.
  • Waiver of requirement for Plaintiff to serve McGrathNichol expert report prior to trial; leave to tender the report at hearing.