Soma-Devan v SCentre Shopping Management Pty Ltd t/as Westfield Hurstville (No 2) [2024] NSWSC 95

Soma-Devan v SCentre Shopping Management Pty Ltd t/as Westfield Hurstville (No 2) [2024] NSWSC 95

The plaintiff is granted leave to rely on the late-served expert reports and amended particulars after consideration of delay, explanation, prejudice, forthcoming hearing, and sufficient exceptional circumstances; defendants are awarded costs due to plaintiff's conduct generating the motion.

Parties
Plaintiff: Prashadhinee Soma-Devan; First Defendant: SCentre Shopping Management Pty Limited trading as Westfield Hurstville; Third Defendant: Ezko Property Services (Aust) Retail Pty Ltd
Jurisdiction
Australia
Judgment Date
31 January 2024
Procedural Posture
Personal Injury Damages Claim / Interlocutory Motions Regarding Leave to Rely on Expert Reports and Amended Particulars
Outcome
Plaintiff's motions granted; leave to rely on identified reports and amended particulars; costs awarded to defendants.
Legal Topics
Expert Evidence, Leave to Adduce Evidence, Case Management, Personal Injury, Client Legal Privilege, Subpoena, Costs
Civil Procedure Expert Evidence Leave to Adduce Evidence Case Management Personal Injury Client Legal Privilege Subpoena Costs

Case Brief

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Parties

Prashadhinee Soma-Devan

Plaintiff

SCentre Shopping Management Pty Limited trading as Westfield Hurstville

First Defendant

Ezko Property Services (Aust) Retail Pty Ltd

Third Defendant

Procedural Posture

Personal Injury Damages Claim / Interlocutory Motions Regarding Leave to Rely on Expert Reports and Amended Particulars

Legal Issues

  1. 1 Whether leave should be granted to rely on expert reports obtained late in the proceedings
  2. 2 Whether leave should be granted to rely on an amended statement of particulars including psychiatric injury
  3. 3 Whether the scope of a subpoena served by the first defendant should be narrowed due to privilege

Ratio Decidendi

The plaintiff is granted leave to rely on the late-served expert reports and amended particulars after consideration of delay, explanation, prejudice, forthcoming hearing, and sufficient exceptional circumstances; defendants are awarded costs due to plaintiff's conduct generating the motion.

Court Disposition

Plaintiff's motions granted; leave to rely on identified reports and amended particulars; costs awarded to defendants.

Orders

  • The plaintiff has leave to rely on the report of Dr Christopher Canaris dated 23 August 2023.
  • The plaintiff has leave to rely on the report of Dr Mark Ridhalgh dated 22 September 2023.