Lawrence v Dr Cain [2019] NSWSC 1557

Lawrence v Dr Cain [2019] NSWSC 1557

It is not appropriate at this stage to give a ruling or make a finding about the admissibility or use of Professor Fox’s report dated 28 October 2019; the plaintiff is not entitled to use Associate Professor Clyne’s report dated 4 November 2019 without obtaining leave from the trial judge pursuant to UCPR 31.28.

Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Civil / Interlocutory Application/pre Trial Ruling
Outcome
Interlocutory ruling – no final determination on admissibility of Professor Fox report; plaintiff not entitled to rely on Dr Clyne report without leave; applications otherwise left to trial judge.
Legal Topics
['expert Reports' 'admissibility of Evidence' 'late Filing' 'leave to Rely on Evidence']
['civil Procedure'] ['expert Reports' 'admissibility of Evidence' 'late Filing' 'leave to Rely on Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Application/pre Trial Ruling

Legal Issues

  1. 1 ['Whether the admissibility of late expert reports should be determined prior to or at trial' 'Whether plaintiff can rely on expert reports served in breach of earlier court orders without leave']

Ratio Decidendi

It is not appropriate at this stage to give a ruling or make a finding about the admissibility or use of Professor Fox’s report dated 28 October 2019; the plaintiff is not entitled to use Associate Professor Clyne’s report dated 4 November 2019 without obtaining leave from the trial judge pursuant to UCPR 31.28.

Court Disposition

Interlocutory ruling – no final determination on admissibility of Professor Fox report; plaintiff not entitled to rely on Dr Clyne report without leave; applications otherwise left to trial judge.

Orders

  • ['No ruling on admissibility of Professor Fox’s report dated 28 October 2019 at this stage.' 'Plaintiff cannot use Associate Professor Clyne’s report dated 4 November 2019 without leave from trial judge.' 'Balance of applications left for trial judge to determine.' 'No determination on costs in extracted judgment.']