Wu v Statewide Developments Pty Ltd [2009] NSWSC 120

Wu v Statewide Developments Pty Ltd [2009] NSWSC 120

It was not permissible for the plaintiffs to communicate unilaterally with the single expert outside the presence or written consent of the defendant; questions for clarification should be put through proper procedures. The defendant will be ordered to answer specified interrogatories, as this is necessary for narrowing the issues in dispute and for accurate expert opinion. The time for both parties to seek clarification of the expert report is extended until 14 days after answers to interrogatories.

Parties
First Plaintiff: Da Hui Wu; Second Plaintiff: Jing Jing Li; Defendant: Statewide Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
27 February 2009
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Interlocutory orders made; defendant ordered to answer interrogatories; extension of time for clarification of expert report granted; no order as to costs.
Legal Topics
Expert Evidence, Single Expert Procedure, Interrogatories, Clarification of Expert Report
Civil Procedure Evidence Expert Evidence Single Expert Procedure Interrogatories Clarification of Expert Report

Case Brief

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Parties

Da Hui Wu

First Plaintiff

Jing Jing Li

Second Plaintiff

Statewide Developments Pty Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether it was appropriate for the plaintiffs to unilaterally communicate with the single expert without the defendant's consent
  2. 2 Whether the defendant should be ordered to answer interrogatories concerning other purchasers seeking to rescind contracts due to a restrictive covenant
  3. 3 Whether interrogatories are necessary and appropriate to clarify issues underlying the expert's opinion

Ratio Decidendi

It was not permissible for the plaintiffs to communicate unilaterally with the single expert outside the presence or written consent of the defendant; questions for clarification should be put through proper procedures. The defendant will be ordered to answer specified interrogatories, as this is necessary for narrowing the issues in dispute and for accurate expert opinion. The time for both parties to seek clarification of the expert report is extended until 14 days after answers to interrogatories.

Court Disposition

Interlocutory orders made; defendant ordered to answer interrogatories; extension of time for clarification of expert report granted; no order as to costs.

Orders

  • Defendant to answer interrogatories 1, 2 and 3 (with amendment to interrogatory 3) within 14 days.
  • Time extended until 27 March 2009 for any party to seek clarification of Mr Hepworth's report under r 31.41.