Commonwealth Bank v Iinvest (No 6) [2017] NSWSC 439

Commonwealth Bank v Iinvest (No 6) [2017] NSWSC 439

The supplementary expert report is admitted as it 'merely updates' the original report, was based on the expert's specialised knowledge, and there was a satisfactory explanation for the delay, with no prejudice to the defendants.

Jurisdiction
Australia
Judgment Date
06 February 2017
Procedural Posture
Procedural and Other Ruling / Application for Leave to Tender Supplementary Expert Report
Outcome
Leave is granted to tender the supplementary expert report served out of time.
Legal Topics
['expert Evidence' 'admission of Expert Reports' "court's Discretion to Grant Leave" 'updating Supplementary Reports']
['civil Procedure' 'evidence'] ['expert Evidence' 'admission of Expert Reports' "court's Discretion to Grant Leave" 'updating Supplementary Reports']

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Procedural Posture

Procedural and Other Ruling / Application for Leave to Tender Supplementary Expert Report

Legal Issues

  1. 1 ['Whether leave should be granted to tender a supplementary expert report served out of time' "Whether the supplementary expert report 'merely updates' the original expert report under Rule 31.28(4)(b) of the Uniform Civil Procedure Rules 2005 (NSW)" "Whether the opinions in the supplementary expert report are wholly or substantially based on the expert's specialised knowledge under s 79 of the Evidence Act 1995 (NSW)" 'Whether granting leave is appropriate pursuant to discretionary factors under s 192 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

The supplementary expert report is admitted as it 'merely updates' the original report, was based on the expert's specialised knowledge, and there was a satisfactory explanation for the delay, with no prejudice to the defendants.

Court Disposition

Leave is granted to tender the supplementary expert report served out of time.

Orders

  • ['The second report of 3 February 2017 by Mr Firth is admitted.']