Owners Strata Plan 58577 v Banmor Developments Finance Pty Ltd [2006] NSWSC 174

Owners Strata Plan 58577 v Banmor Developments Finance Pty Ltd [2006] NSWSC 174

A sufficient case has not been made out to justify granting leave to file an additional hydraulics expert report, as Dr Robinson's qualifications and appointment process did not exclude hydraulic expertise, and court aims to reduce, not increase, the number of expert witnesses.

Jurisdiction
Australia
Judgment Date
09 March 2006
Procedural Posture
Equity Proceeding / Interlocutory Application for Leave to File Further Expert Report
Outcome
Leave to file further expert report refused
Legal Topics
['court Appointed Expert' 'expert Evidence' 'leave to Adduce Additional Expert Evidence']
['civil Procedure'] ['court Appointed Expert' 'expert Evidence' 'leave to Adduce Additional Expert Evidence']

Case Brief

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Procedural Posture

Equity Proceeding / Interlocutory Application for Leave to File Further Expert Report

Legal Issues

  1. 1 ['Whether leave should be given to a party to file an expert report in response to the report of the court-appointed expert']

Ratio Decidendi

A sufficient case has not been made out to justify granting leave to file an additional hydraulics expert report, as Dr Robinson's qualifications and appointment process did not exclude hydraulic expertise, and court aims to reduce, not increase, the number of expert witnesses.

Court Disposition

Leave to file further expert report refused

Orders

  • ['Plaintiff granted leave to file the report of Dr Ian Cordery dated 7 February 2006, notwithstanding it is out of time.' 'Defendants directed to file any non-expert evidence by Tuesday 30 May 2006.' "If Dr Robinson deems it appropriate to file a response to Dr Cordery's report, such report to be filed by Friday 12...