Owners Strata Plan 58577 v Banmor Development Finance Pty Ltd [2006] NSWSC 361

Owners Strata Plan 58577 v Banmor Development Finance Pty Ltd [2006] NSWSC 361

Leave to adduce Mr Wyllie's further hydraulics report was refused because the proceedings had already taken a long time, were not ready for trial, Dr Cordery's report was already before the court, Mr Segal had Mr Wyllie's report for use in cross-examination, Dr Robinson would be available for cross-examination and had been given leave to respond to Dr Cordery's report, and no sufficient case had been made out under Uniform Civil Procedure Rules 2005, r 31.33.

Jurisdiction
Australia
Judgment Date
27 April 2006
Procedural Posture
Equity Division Proceedings Concerning Trespass and Nuisance Arising Out of Construction on Adjoining Land / Plaintiff's Notice of Motion for Leave Under Uniform Civil Procedure Rules 2005, R 31.33 to Adduce a Further Expert Report by a Hydraulics Expert
Outcome
Application dismissed with costs.
Legal Topics
['expert Evidence' 'court Appointed Expert' 'leave to Adduce Further Expert Evidence' 'uniform Civil Procedure Rules 2005, R 31.33']
['civil Procedure' 'evidence'] ['expert Evidence' 'court Appointed Expert' 'leave to Adduce Further Expert Evidence' 'uniform Civil Procedure Rules 2005, R 31.33']

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Procedural Posture

Equity Division Proceedings Concerning Trespass and Nuisance Arising Out of Construction on Adjoining Land / Plaintiff's Notice of Motion for Leave Under Uniform Civil Procedure Rules 2005, R 31.33 to Adduce a Further Expert Report by a Hydraulics Expert

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave under Uniform Civil Procedure Rules 2005, r 31.33 to adduce a further report by an identified hydraulics expert after the appointment and report of a court-appointed expert.' 'Whether a sufficient case had been made out to justify a further expert report in circumstances where the court-appointed expert could be cross-examined and had been given leave to respond to an existing report.']

Ratio Decidendi

Leave to adduce Mr Wyllie's further hydraulics report was refused because the proceedings had already taken a long time, were not ready for trial, Dr Cordery's report was already before the court, Mr Segal had Mr Wyllie's report for use in cross-examination, Dr Robinson would be available for cross-examination and had been given leave to respond to Dr Cordery's report, and no sufficient case had been made out under Uniform Civil Procedure Rules 2005, r 31.33.

Court Disposition

Application dismissed with costs.

Orders

  • ['Notice of motion dismissed.' "The plaintiff is to pay the defendants' costs of the motion."]