Turnbull v Kyogle Council [2024] NSWSC 342

Turnbull v Kyogle Council [2024] NSWSC 342

Leave to rely on Dr Carnavas's report is granted, but only insofar as it concerns the manner in which the plaintiff was riding his motorcycle at the time of accident (speed, braking, control) and does not duplicate areas covered by Mr Coffey. Plaintiff is to pay defendant's costs of the motion due to delay and lack of notice.

Parties
Plaintiff: Simon Charles Turnbull; Defendant: Kyogle Council
Jurisdiction
Australia
Judgment Date
03 April 2024
Procedural Posture
Civil / Interlocutory Application – Notice of Motion Seeking Leave to Rely on Expert Report
Outcome
Interlocutory leave granted in part; costs order against plaintiff.
Legal Topics
Extension of Time, Expert Evidence, Duplication of Experts, Notice of Motion
Civil Procedure Extension of Time Expert Evidence Duplication of Experts Notice of Motion

Case Brief

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Parties

Simon Charles Turnbull

Plaintiff

Kyogle Council

Defendant

Procedural Posture

Civil / Interlocutory Application – Notice of Motion Seeking Leave to Rely on Expert Report

Legal Issues

  1. 1 Whether leave should be granted to rely on the report of Dr Carnavas served out of time
  2. 2 Whether the report of Dr Carnavas duplicates expert evidence already served
  3. 3 Appropriate limitation of expert evidence

Ratio Decidendi

Leave to rely on Dr Carnavas's report is granted, but only insofar as it concerns the manner in which the plaintiff was riding his motorcycle at the time of accident (speed, braking, control) and does not duplicate areas covered by Mr Coffey. Plaintiff is to pay defendant's costs of the motion due to delay and lack of notice.

Court Disposition

Interlocutory leave granted in part; costs order against plaintiff.

Orders

  • The plaintiff has leave to rely on the report of Dr Carnavas dated 13 November 2023 but only to the extent that the report concerns the manner in which the plaintiff was riding his motorcycle at the time of his accident, specifically including speed, braking and control of the motorcycle.
  • The plaintiff is to pay the defendant's costs of the notice of motion.