Pearce v McCudden [1999] NSWSC 809

Pearce v McCudden [1999] NSWSC 809

The expert report, although served late and despite objections as to relevance and timing, should be admitted into evidence since no irremediable prejudice was established, and issues of costs associated with the lateness are reserved.

Parties
Plaintiff: Kathryn Lynne Pearce; Defendant: Allan Leslie McCudden
Jurisdiction
Australia
Judgment Date
29 July 1999
Procedural Posture
Equity / Interlocutory Application to Admit Further Evidence
Outcome
Plaintiff's application to admit further evidence (the expert report) allowed; report admitted; costs reserved.
Legal Topics
Admission of Expert Evidence, Late Service of Reports, Directions Compliance, Prejudice
Procedure Admission of Expert Evidence Late Service of Reports Directions Compliance Prejudice

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 1 Party arguments 2
Sign in to unlock

Parties

Kathryn Lynne Pearce

Plaintiff

Allan Leslie McCudden

Defendant

Procedural Posture

Equity / Interlocutory Application to Admit Further Evidence

Legal Issues

  1. 1 Whether expert report served late should be admitted into evidence
  2. 2 Relevance of value of business assets as at present date for final orders

Ratio Decidendi

The expert report, although served late and despite objections as to relevance and timing, should be admitted into evidence since no irremediable prejudice was established, and issues of costs associated with the lateness are reserved.

Court Disposition

Plaintiff's application to admit further evidence (the expert report) allowed; report admitted; costs reserved.

Orders

  • Leave granted for admission of the expert report into evidence.
  • All questions of costs arising from late service of the report reserved.