Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham [2012] NSWSC 266

Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham [2012] NSWSC 266

Leave to rely on the further expert report was refused because there were no exceptional circumstances justifying its late admission and real prejudice would be occasioned to the defendant, consistent with the objectives reflected in ss 56-58 of the Civil Procedure Act 2005 (NSW) and UCPR r 31.28.

Jurisdiction
Australia
Judgment Date
20 March 2012
Procedural Posture
Interlocutory Application / Application for Leave to Read Expert Report
Outcome
Leave to read the affidavit and tender the expert report not granted.
Legal Topics
['expert Evidence' 'admissibility of Expert Reports' 'leave to Rely on Further Expert Evidence' 'exceptional Circumstances for Expert Reports']
['evidence' 'civil Procedure'] ['expert Evidence' 'admissibility of Expert Reports' 'leave to Rely on Further Expert Evidence' 'exceptional Circumstances for Expert Reports']

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Procedural Posture

Interlocutory Application / Application for Leave to Read Expert Report

Legal Issues

  1. 1 ['Whether leave should be granted to rely on a further expert report under court orders and r 31.28 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether exceptional circumstances exist to warrant grant of leave' "Whether real prejudice exists preventing the admission of expert's reports"]

Ratio Decidendi

Leave to rely on the further expert report was refused because there were no exceptional circumstances justifying its late admission and real prejudice would be occasioned to the defendant, consistent with the objectives reflected in ss 56-58 of the Civil Procedure Act 2005 (NSW) and UCPR r 31.28.

Court Disposition

Leave to read the affidavit and tender the expert report not granted.

Orders

  • ["Leave to read Mr Lloyd's affidavit or tender his report for the purpose of the Court's orders made on 13 May 2011 and UCPR r 31.28 refused."]