Rita El Azzi v Steven Maglis & Ors (15/265128); Liliane Ibrahim v Steven Maglis (15/286895) [2017] NSWDC 149

Rita El Azzi v Steven Maglis & Ors (15/265128); Liliane Ibrahim v Steven Maglis (15/286895) [2017] NSWDC 149

The expert's notes were privileged as they were prepared for the dominant purpose of discussion with solicitors to obtain legal advice; further, the incapacity of an expert due to health reasons and the defendant's change of expert, combined with a lack of candour to the court and delays, did not constitute exceptional circumstances justifying leave for late service of the expert report.

Parties
Plaintiff: Rita El Azzi; 1st Defendant: Steven Maglis; 2nd Defendant: Sharokina Benjamin; 3rd Defendant: Remond Fayad; 4th Defendant: Simone Reynolds; Plaintiff: Liliane Ibrahim; Defendant: Steven Maglis
Jurisdiction
Australia
Judgment Date
16 June 2017
Procedural Posture
Civil / Interlocutory Determination on Two Notices of Motion
Outcome
Notices of Motion dismissed
Legal Topics
Client Legal Privilege, Dominant Purpose, Expert Evidence, Late Service of Report, Exceptional Circumstances
Civil Procedure Client Legal Privilege Dominant Purpose Expert Evidence Late Service of Report Exceptional Circumstances

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Parties

Rita El Azzi

Plaintiff

Steven Maglis

1st Defendant

Sharokina Benjamin

2nd Defendant

Remond Fayad

3rd Defendant

Simone Reynolds

4th Defendant

Liliane Ibrahim

Plaintiff

Steven Maglis

Defendant

Procedural Posture

Civil / Interlocutory Determination on Two Notices of Motion

Legal Issues

  1. 1 Whether handwritten notes of expert were privileged under s 119 Evidence Act 1995
  2. 2 Whether leave should be granted for the defendant to rely on expert report served late, based on exceptional circumstances

Ratio Decidendi

The expert's notes were privileged as they were prepared for the dominant purpose of discussion with solicitors to obtain legal advice; further, the incapacity of an expert due to health reasons and the defendant's change of expert, combined with a lack of candour to the court and delays, did not constitute exceptional circumstances justifying leave for late service of the expert report.

Court Disposition

Notices of Motion dismissed

Orders

  • The plaintiff's Notice of Motion filed in Liliane Ibrahim v Steven Maglis on 19 May 2017 is dismissed.
  • The defendant's Notice of Motion filed in the same matter, on 19 May 2017 is dismissed.