Growthbuilt Pty Ltd v Bedrule Pty Ltd [2024] NSWSC 977

Leave to rely on the plaintiff's late-served expert report was refused because no exceptional circumstances were established and admitting the report would prejudice the defendants and undermine the procedural timetabling and efficiency objectives of the court.

Jurisdiction: Australia
Judgment Date: 07 August 2024
Procedural Posture: Equity Technology and Construction List / Application for Leave to Rely on Late Expert Report at Commencement of Trial
Outcome: Leave refused; plaintiff cannot rely on the Madden report.
Legal Topics: ['expert Evidence' 'late Service of Evidence' 'leave to Rely on Expert Report' 'procedural Rules']

['civil Procedure' 'evidence'] ['expert Evidence' 'late Service of Evidence' 'leave to Rely on Expert Report' 'procedural Rules']

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Procedural Posture

Equity Technology and Construction List / Application for Leave to Rely on Late Expert Report at Commencement of Trial

Legal Issues

1 ['Whether the plaintiff should be granted leave under r 31.28 of the Uniform Civil Procedure Rules 2005 (NSW) to rely on an expert report served late.' 'Whether exceptional circumstances exist to justify granting leave to rely on the late expert report.']

Ratio Decidendi

Court Disposition

Leave refused; plaintiff cannot rely on the Madden report.

Orders

['Plaintiff refused leave to rely on the report of David Madden dated 19 July 2024 as evidence in these proceedings.']