WaterNSW v Harris (No 2) [2019] NSWLEC 14

WaterNSW v Harris (No 2) [2019] NSWLEC 14

Leave is granted to the prosecutor to adduce short oral evidence-in-chief from Mr McDermott, confined to responding to specific new matters raised in Dr Martens' late-served expert report, as this appropriately balances the interests of justice and the prejudice to both parties.

Jurisdiction
Australia
Judgment Date
12 February 2019
Procedural Posture
Criminal (class 5) Proceedings / Application for Leave to Adduce Oral Evidence in Chief
Outcome
Prosecutor's application for leave to adduce oral evidence-in-chief granted
Legal Topics
['leave to Adduce Oral Evidence in Chief' 'expert Evidence' 'disclosure Requirements']
['evidence' 'criminal Procedure'] ['leave to Adduce Oral Evidence in Chief' 'expert Evidence' 'disclosure Requirements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal (class 5) Proceedings / Application for Leave to Adduce Oral Evidence in Chief

Legal Issues

  1. 1 ["Whether leave should be granted to the prosecutor to adduce oral evidence-in-chief from an expert witness in response to new matters raised in the defendants' late-served expert report" 'Whether the defendants would suffer prejudice if leave is granted']

Ratio Decidendi

Leave is granted to the prosecutor to adduce short oral evidence-in-chief from Mr McDermott, confined to responding to specific new matters raised in Dr Martens' late-served expert report, as this appropriately balances the interests of justice and the prejudice to both parties.

Court Disposition

Prosecutor's application for leave to adduce oral evidence-in-chief granted

Orders

  • ["Leave is granted to the prosecutor to call oral evidence-in-chief from Mr McDermott, to be limited to matters raised in Dr Martens' report." 'Reasonable time will be allowed for the defendants to take instructions before cross-examination.']