Quintano v B W Rose Pty Ltd [2008] NSWSC 956

Quintano v B W Rose Pty Ltd [2008] NSWSC 956

The second defendant put to the plaintiff's witnesses, without prior notice and beyond merely testing the pleaded particulars, a scenario that the plaintiff might still have prospects of employment or partnership as a trainer. That circumstance was sufficiently exceptional to justify granting the plaintiff leave under r 31.28 to answer that case by adducing oral expert evidence-in-chief from Mr Walter.

Jurisdiction
Australia
Judgment Date
28 July 2008
Procedural Posture
Procedural and Other Ruling / Ex Tempore Judgment on Admissibility of Evidence
Outcome
Leave granted to plaintiff to adduce oral expert evidence in chief of Mr Walter.
Legal Topics
['expert Evidence' 'oral Evidence in Chief' 'leave to Adduce Evidence' 'exceptional Circumstances']
['civil Procedure' 'evidence'] ['expert Evidence' 'oral Evidence in Chief' 'leave to Adduce Evidence' 'exceptional Circumstances']

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Procedural Posture

Procedural and Other Ruling / Ex Tempore Judgment on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave under (NSW) Uniform Civil Procedure Rules, r 31.28 to adduce oral expert evidence-in-chief from Mr Walter where no expert report had been served containing the substance of the evidence.']

Ratio Decidendi

The second defendant put to the plaintiff's witnesses, without prior notice and beyond merely testing the pleaded particulars, a scenario that the plaintiff might still have prospects of employment or partnership as a trainer. That circumstance was sufficiently exceptional to justify granting the plaintiff leave under r 31.28 to answer that case by adducing oral expert evidence-in-chief from Mr Walter.

Court Disposition

Leave granted to plaintiff to adduce oral expert evidence in chief of Mr Walter.

Orders

  • ['Leave granted to plaintiff to adduce oral expert evidence in chief of Mr Walter.']