Sisson v Baiada Poultry Pty Limited [2015] NSWSC 1106

Sisson v Baiada Poultry Pty Limited [2015] NSWSC 1106

The plaintiff failed to establish exceptional circumstances required to admit the late expert report under the Rules and relevant statutory provisions. Admission of the expert report would unfairly prejudice the first and second defendants, as they would not have adequate time to respond. Therefore, the expert report of Mr Dwyer dated 23 June 2015 is inadmissible against both defendants.

Parties
Plaintiff: Merrie Sisson; First Defendant: Baiada Poultry Pty Ltd; Second Defendant: Ready Workforce (a division of Chandler Macleod) Pty Ltd
Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Civil Common Law / Interlocutory Application (admissibility of Expert Evidence, Pre Trial)
Outcome
Report not admitted; costs order against plaintiff in favour of first defendant.
Legal Topics
Expert Evidence, Admissibility of Evidence, Exceptional Circumstances, Workers Compensation Proceedings, Pre Trial Procedural Rulings
Evidence Civil Procedure Workers Compensation Expert Evidence Admissibility of Evidence Exceptional Circumstances Workers Compensation Proceedings Pre Trial Procedural Rulings

Case Brief

Summary, issues, holding and outcome

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Parties

Merrie Sisson

Plaintiff

Baiada Poultry Pty Ltd

First Defendant

Ready Workforce (a division of Chandler Macleod) Pty Ltd

Second Defendant

Procedural Posture

Civil Common Law / Interlocutory Application (admissibility of Expert Evidence, Pre Trial)

Legal Issues

  1. 1 Whether the expert report of Mr Dwyer dated 23 June 2015 is admissible against the first and second defendants
  2. 2 Whether exceptional circumstances exist to permit late service of the report under Uniform Civil Procedure Rules 2005 (NSW) as applied by the Civil Procedure Act 2005 (NSW)
  3. 3 Whether the statutory preconditions for late admission of evidence are met under s 318(2) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Ratio Decidendi

The plaintiff failed to establish exceptional circumstances required to admit the late expert report under the Rules and relevant statutory provisions. Admission of the expert report would unfairly prejudice the first and second defendants, as they would not have adequate time to respond. Therefore, the expert report of Mr Dwyer dated 23 June 2015 is inadmissible against both defendants.

Court Disposition

Report not admitted; costs order against plaintiff in favour of first defendant.

Orders

  • The report of Mr Dwyer of 23 June 2015 is not admissible against the first defendant.
  • The report of Mr Dwyer of 23 June 2015 is not admissible against the second defendant.