Capar v SPG Investments Pty Limited t/a Lidcombe Power Centre (No 1) [2017] NSWSC 1371

Capar v SPG Investments Pty Limited t/a Lidcombe Power Centre (No 1) [2017] NSWSC 1371

The defendants did not serve Dr Carter's report in accordance with r. 31.28; inclusion in a conclave list did not constitute proper service. No proper reason or exceptional circumstances were advanced to justify dispensing with the rule or giving leave to admit the report. The report was therefore inadmissible.

Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Procedural and Other Rulings / Interlocutory Decision Regarding Admissibility of Evidence (expert Report)
Outcome
Tender of Dr Carter's report by the defendants rejected. Report inadmissible.
Legal Topics
["disclosure of Experts' Reports" 'service of Documents' 'dispensation With Rules' 'admissibility of Expert Evidence']
['civil Procedure'] ["disclosure of Experts' Reports" 'service of Documents' 'dispensation With Rules' 'admissibility of Expert Evidence']

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Procedural Posture

Procedural and Other Rulings / Interlocutory Decision Regarding Admissibility of Evidence (expert Report)

Legal Issues

  1. 1 ["Whether defendants served Dr Carter's report in accordance with r. 31.28 of the Uniform Civil Procedure Rules 2005 (NSW)" 'Whether the Court should dispense with the application of r. 31.28 under s. 14 of the Civil Procedure Act 2005 (NSW)' 'Whether exceptional circumstances existed to justify leave under r. 31.28(4)(a)']

Ratio Decidendi

The defendants did not serve Dr Carter's report in accordance with r. 31.28; inclusion in a conclave list did not constitute proper service. No proper reason or exceptional circumstances were advanced to justify dispensing with the rule or giving leave to admit the report. The report was therefore inadmissible.

Court Disposition

Tender of Dr Carter's report by the defendants rejected. Report inadmissible.

Orders

  • ['The tender of the report of Dr Carter by the defendants is rejected.']