Pacific Resources International Pty Ltd v UTI (Australia) Pty Ltd [2012] NSWSC 893

Pacific Resources International Pty Ltd v UTI (Australia) Pty Ltd [2012] NSWSC 893

Leave to rely on the further expert evidence (the June Reports) is refused because their late service has caused irretrievable prejudice to the Cargo Plaintiffs, affecting their ability to recover and altering their decisions regarding GTA. Admission would not be just.

Jurisdiction
Australia
Judgment Date
31 July 2012
Procedural Posture
Interlocutory Application / Hearing and Determination of Defendant's Notice of Motion Seeking Leave to Rely on Further Expert Evidence
Outcome
Defendant's Notice of Motion dismissed with costs.
Legal Topics
['expert Evidence' 'interlocutory Applications' 'proportionate Liability' 'irretrievable Prejudice']
['evidence' 'civil Procedure'] ['expert Evidence' 'interlocutory Applications' 'proportionate Liability' 'irretrievable Prejudice']

Case Brief

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Procedural Posture

Interlocutory Application / Hearing and Determination of Defendant's Notice of Motion Seeking Leave to Rely on Further Expert Evidence

Legal Issues

  1. 1 ['Whether the defendant should be permitted to rely on further expert evidence' 'Whether reliance on further evidence would cause irretrievable prejudice to plaintiffs']

Ratio Decidendi

Leave to rely on the further expert evidence (the June Reports) is refused because their late service has caused irretrievable prejudice to the Cargo Plaintiffs, affecting their ability to recover and altering their decisions regarding GTA. Admission would not be just.

Court Disposition

Defendant's Notice of Motion dismissed with costs.

Orders

  • ["UTI (Australia) Pty Ltd's Notice of Motion of 30 July 2012 dismissed with costs."]