Keith Harold McNamara v. Parry Shire Council [1988] NSWLEC 116

Keith Harold McNamara v. Parry Shire Council [1988] NSWLEC 116

The Court granted an adjournment, finding that in the absence of prior exchange of expert reports, the respondents are prejudiced and the Court cannot properly address the expert evidence without allowing respondents' experts further consideration.

Parties
Applicant: Keith Harold McNamara; First Respondent: Parry Shire Council; Second Respondent: C.J. and D.E. Refalo
Jurisdiction
Australia
Judgment Date
19 April 1988
Procedural Posture
Adjournment Application / Interlocutory
Outcome
adjournment granted
Legal Topics
Adjournment, Expert Evidence, Exchange of Reports
Civil Procedure Adjournment Expert Evidence Exchange of Reports

Case Brief

Summary, issues, holding and outcome

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Parties

Keith Harold McNamara

Applicant

Parry Shire Council

First Respondent

C.J. and D.E. Refalo

Second Respondent

Procedural Posture

Adjournment Application / Interlocutory

Legal Issues

  1. 1 Whether the proceedings should be adjourned to allow respondents to respond to expert evidence raised for the first time by the objector's witnesses

Ratio Decidendi

The Court granted an adjournment, finding that in the absence of prior exchange of expert reports, the respondents are prejudiced and the Court cannot properly address the expert evidence without allowing respondents' experts further consideration.

Court Disposition

adjournment granted

Orders

  • Hearing adjourned with no fixed date for resumption. Leave granted to parties to approach associate to obtain date for further hearing.