Burge v Lake Macquarie City Council [2023] NSWDC 191

Burge v Lake Macquarie City Council [2023] NSWDC 191

The application for an extension of time was refused because the second defendant failed to demonstrate 'exceptional circumstances' required under UCPR r 31.28 given the proximity to the hearing date, non-compliance with previous orders, and the implausibility of the explanation proffered for the delay. Granting leave would undermine the court's case management principles, jeopardise the scheduled hearing, and prejudice the other parties.

Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Civil / Interlocutory Procedural Ruling on Application to Extend Expert Evidence Timetable Before Trial
Outcome
Second defendant's Notice of Motion dismissed with costs; hearing date confirmed.
Legal Topics
['extension of Time' 'expert Evidence' 'case Management' 'procedural Compliance']
['civil Procedure'] ['extension of Time' 'expert Evidence' 'case Management' 'procedural Compliance']

Case Brief

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Procedural Posture

Civil / Interlocutory Procedural Ruling on Application to Extend Expert Evidence Timetable Before Trial

Legal Issues

  1. 1 ['Whether the second defendant should be granted an extension of time to serve expert liability evidence pursuant to UCPR r 1.12 or r 31.28' 'Whether exceptional circumstances are required to grant the extension' 'Whether exceptional circumstances exist in this case']

Ratio Decidendi

The application for an extension of time was refused because the second defendant failed to demonstrate 'exceptional circumstances' required under UCPR r 31.28 given the proximity to the hearing date, non-compliance with previous orders, and the implausibility of the explanation proffered for the delay. Granting leave would undermine the court's case management principles, jeopardise the scheduled hearing, and prejudice the other parties.

Court Disposition

Second defendant's Notice of Motion dismissed with costs; hearing date confirmed.

Orders

  • ["Second defendant's Notice of Motion dismissed; hearing date of 31 July 2023 confirmed." 'Second defendant to pay the costs of the plaintiff of this Notice of Motion and the hearings before Gibson DCJ and the Registrar on 7 June, 30 May and 23 May 2023.']