Attwells v White (No. 3) [2021] NSWSC 1569

Attwells v White (No. 3) [2021] NSWSC 1569

The applications were refused because they were made late and were not justified on a cost, efficiency, or procedural fairness basis, particularly given the late service of expert evidence and the long-standing readiness for trial. Orders must comply with the dictates of just, quick and cheap resolution under the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
02 December 2021
Procedural Posture
Civil / Interlocutory Motion
Outcome
Applications refused in part, leave granted for late affidavits subject to objections, costs ordered against plaintiff.
Legal Topics
['separate Question Determination' 'referral to Referee' 'late Evidence' 'case Management']
['civil Procedure' 'professional Negligence'] ['separate Question Determination' 'referral to Referee' 'late Evidence' 'case Management']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Interlocutory Motion

Legal Issues

  1. 1 ['Whether leave should be granted to rely upon late expert evidence' 'Whether quantum of damages should be referred to a referee' 'Whether the hearing should be split between liability and quantum of damages' 'Whether hearing date should be vacated']

Ratio Decidendi

The applications were refused because they were made late and were not justified on a cost, efficiency, or procedural fairness basis, particularly given the late service of expert evidence and the long-standing readiness for trial. Orders must comply with the dictates of just, quick and cheap resolution under the Civil Procedure Act 2005 (NSW).

Court Disposition

Applications refused in part, leave granted for late affidavits subject to objections, costs ordered against plaintiff.

Orders

  • ['Plaintiff granted leave to file Amended Notice of Motion dated 11 November 2021.' 'Plaintiff granted leave to rely on affidavit and supplementary affidavit of Chris Davitt, subject to evidentiary objections.' 'Refusal of referral of quantum of damages to referee under UCPR rr 20.14 and 20.15.' 'Refusal to split...