First Class Securities Pty Limited v R Neuhaus [2019] NSWSC 1261

First Class Securities Pty Limited v R Neuhaus [2019] NSWSC 1261

The Court found that the expert report contained substantive defects and omissions that could not be cured by a retrospective adoption of the Code of Conduct through a later affidavit. The affidavit sought to bring the report into compliance, but failed to address deficiencies relating to assumptions, qualifications, and sufficiency of data, as required by the Code. Extending time for the affidavit to be relied on would not achieve its intended purpose, as the report would remain inadmissible. Therefore, leave to serve and rely on the affidavit out of time was not granted.

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Civil / Interlocutory Application
Outcome
Extension of time for affidavit to be served and relied on not granted.
Legal Topics
['extension of Time' 'expert Evidence' 'compliance With Expert Witness Code of Conduct']
['civil Procedure'] ['extension of Time' 'expert Evidence' 'compliance With Expert Witness Code of Conduct']

Case Brief

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted to serve and rely on an affidavit out of time to remedy non-compliance with the Expert Witness Code of Conduct' 'Whether the expert report can be rehabilitated through a later affidavit affirming compliance with the Code' 'Utility of granting extension in light of substantive defects in the expert report']

Ratio Decidendi

The Court found that the expert report contained substantive defects and omissions that could not be cured by a retrospective adoption of the Code of Conduct through a later affidavit. The affidavit sought to bring the report into compliance, but failed to address deficiencies relating to assumptions, qualifications, and sufficiency of data, as required by the Code. Extending time for the affidavit to be relied on would not achieve its intended purpose, as the report would remain inadmissible. Therefore, leave to serve and rely on the affidavit out of time was not granted.

Court Disposition

Extension of time for affidavit to be served and relied on not granted.

Orders

  • ['Extension of time for Plaintiff to serve and rely on affidavit of Ms Milne not granted.']