Cook v Ulan Coal Mines Ltd [2017] NSWSC 1166

Cook v Ulan Coal Mines Ltd [2017] NSWSC 1166

The application for leave was refused as the second defendant failed to establish the presence of exceptional circumstances to justify service of its expert report out of time as required by rule 31.28, and allowing it would cause prejudice to the plaintiff and delay the proceedings.

Jurisdiction
Australia
Judgment Date
19 July 2017
Procedural Posture
Application for Leave / Interlocutory Hearing on Leave to Rely on Late Expert Report
Outcome
Application for leave refused
Legal Topics
['evidence' 'expert Evidence' 'late Service of Expert Report' 'exceptional Circumstances']
['civil Procedure'] ['evidence' 'expert Evidence' 'late Service of Expert Report' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Application for Leave / Interlocutory Hearing on Leave to Rely on Late Expert Report

Legal Issues

  1. 1 ['Whether the second defendant should be granted leave to rely on an expert report served late' 'Whether exceptional circumstances exist to justify late service of expert report under rule 31.28']

Ratio Decidendi

The application for leave was refused as the second defendant failed to establish the presence of exceptional circumstances to justify service of its expert report out of time as required by rule 31.28, and allowing it would cause prejudice to the plaintiff and delay the proceedings.

Court Disposition

Application for leave refused

Orders

  • ['Application for leave to rely upon expert report served late by the second defendant refused']