Mark Anthony CHITTS v Dr Sadek HAMIED [2023] NSWDC 188

Mark Anthony CHITTS v Dr Sadek HAMIED [2023] NSWDC 188

Exceptional circumstances exist justifying admission of the disputed expert reports, as without them the defendant would have little or no case on quantum, there are live issues both of liability and quantum, and the matter has not been listed for hearing. Admission of these reports is necessary for a fair hearing and consistent with the overriding purpose and interests of justice.

Parties
Plaintiff: Mark Anthony CHITTS; Defendant: Sadek HAMIED
Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Civil / Interlocutory Hearing on Notice of Motion
Outcome
Leave granted for defendant to rely on the supplementary expert reports; defendant to pay costs of the motion.
Legal Topics
Interlocutory Application, Admissibility of Expert Evidence, Leave to Rely on Expert Reports, Exceptional Circumstances, Mediation, Timetabling
Civil Procedure Interlocutory Application Admissibility of Expert Evidence Leave to Rely on Expert Reports Exceptional Circumstances Mediation Timetabling

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Parties

Mark Anthony CHITTS

Plaintiff

Sadek HAMIED

Defendant

Procedural Posture

Civil / Interlocutory Hearing on Notice of Motion

Legal Issues

  1. 1 Whether leave should be granted to rely on supplementary expert reports served out of time
  2. 2 What constitutes 'exceptional circumstances' under Rule 31.28(4)
  3. 3 Whether the interests of justice favour the grant of leave

Ratio Decidendi

Exceptional circumstances exist justifying admission of the disputed expert reports, as without them the defendant would have little or no case on quantum, there are live issues both of liability and quantum, and the matter has not been listed for hearing. Admission of these reports is necessary for a fair hearing and consistent with the overriding purpose and interests of justice.

Court Disposition

Leave granted for defendant to rely on the supplementary expert reports; defendant to pay costs of the motion.

Orders

  • Defendant granted leave to rely on the reports of Dr Deidre O'Dea dated 7 February 2023 and Dr Seamus Dalton dated 31 October 2022.
  • Plaintiff to serve any reports in reply to those referred to in order 1 by 31 July 2023.