Kanar Saber v Omar Ali and the Nominal Defendant (No 2) [2011] NSWDC 189

Kanar Saber v Omar Ali and the Nominal Defendant (No 2) [2011] NSWDC 189

Leave is refused as there is no evidence of exceptional circumstances justifying departure from the requirements of UCPR 31.28, and the material plaintiff wishes to rely on predates the expert's involvement and could have been provided earlier for inclusion in a report.

Jurisdiction
Australia
Judgment Date
05 October 2011
Procedural Posture
Civil / Procedural and Other Rulings
Outcome
Leave is refused.
Legal Topics
['expert Evidence' 'leave to Ask Questions of Expert' 'ucpr 31.28' 'exceptional Circumstances']
['civil Procedure'] ['expert Evidence' 'leave to Ask Questions of Expert' 'ucpr 31.28' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Civil / Procedural and Other Rulings

Legal Issues

  1. 1 ["Whether the plaintiff should be granted leave to ask an expert psychiatrist questions based on medical reports predating the expert's consultation with the plaintiff." 'Whether exceptional circumstances warranting leave have been made out under UCPR 31.28.']

Ratio Decidendi

Leave is refused as there is no evidence of exceptional circumstances justifying departure from the requirements of UCPR 31.28, and the material plaintiff wishes to rely on predates the expert's involvement and could have been provided earlier for inclusion in a report.

Court Disposition

Leave is refused.

Orders

  • ['Leave is refused.']