RSA (Moorvale Station) Pty Ltd v VDM CCE Pty Ltd [2013] NSWSC 534

RSA (Moorvale Station) Pty Ltd v VDM CCE Pty Ltd [2013] NSWSC 534

Exceptional circumstances for early disclosure exist where, although most evidence is served, documents are necessary for an expert to respond to an opposing expert's report, particularly given imminent deadlines and the inability to properly prepare without disclosure. The application of Practice Note SC Eq 11 must be considered contextually, and the necessity for disclosure for expert evidence preparation was established in this case.

Jurisdiction
Australia
Judgment Date
09 May 2013
Procedural Posture
Interlocutory Application / Application for Disclosure of Documents Prior to Service of All Evidence
Outcome
Documents to be disclosed
Legal Topics
['disclosure of Documents' 'expert Evidence' 'exceptional Circumstances' 'practice Note SC Eq 11']
['practice and Procedure' 'construction Law'] ['disclosure of Documents' 'expert Evidence' 'exceptional Circumstances' 'practice Note SC Eq 11']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Disclosure of Documents Prior to Service of All Evidence

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to justify disclosure of documents before all evidence is served under Practice Note SC Eq 11' 'Whether the documents sought are necessary for the preparation of reply expert evidence']

Ratio Decidendi

Exceptional circumstances for early disclosure exist where, although most evidence is served, documents are necessary for an expert to respond to an opposing expert's report, particularly given imminent deadlines and the inability to properly prepare without disclosure. The application of Practice Note SC Eq 11 must be considered contextually, and the necessity for disclosure for expert evidence preparation was established in this case.

Court Disposition

Documents to be disclosed

Orders

  • ['VDM is ordered to disclose the requested documents to RSA prior to the service of reply expert evidence.']