Steven Jelic v Edward Bader and Gerardina Bader (No 2) [2010] NSWDC 167

Steven Jelic v Edward Bader and Gerardina Bader (No 2) [2010] NSWDC 167

Exceptional circumstances warranted leave to admit the defendant's expert report because the plaintiff's service of its report by facsimile inadequately reproduced important colour photographs, the timing over the Christmas vacation compressed the period available to the defendant, and the defendant's solicitor acted expeditiously after the office re-opened but was delayed by leave absences and expert unavailability.

Jurisdiction
Australia
Judgment Date
16 February 2010
Procedural Posture
Civil Proceeding Concerning Admissibility of an Expert Report / Preliminary Ruling
Outcome
Leave granted to admit the report of Dr Thomas Gibson dated 15 February 2010 despite non-compliance with the service order.
Legal Topics
['admissibility of Expert Report' 'late Service of Expert Report' 'exceptional Circumstances' 'uniform Civil Procedure Rules 2005 R 31.28']
['civil Procedure' 'evidence'] ['admissibility of Expert Report' 'late Service of Expert Report' 'exceptional Circumstances' 'uniform Civil Procedure Rules 2005 R 31.28']

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Procedural Posture

Civil Proceeding Concerning Admissibility of an Expert Report / Preliminary Ruling

Legal Issues

  1. 1 ["Whether the defendant's expert report, served after the time required by the court's directions, should be admitted under Uniform Civil Procedure Rules 2005 r 31.28." "Whether exceptional circumstances warranted granting leave to admit the defendant's expert report."]

Ratio Decidendi

Exceptional circumstances warranted leave to admit the defendant's expert report because the plaintiff's service of its report by facsimile inadequately reproduced important colour photographs, the timing over the Christmas vacation compressed the period available to the defendant, and the defendant's solicitor acted expeditiously after the office re-opened but was delayed by leave absences and expert unavailability.

Court Disposition

Leave granted to admit the report of Dr Thomas Gibson dated 15 February 2010 despite non-compliance with the service order.

Orders

  • ['The report VD1 tendered by the defendant is not inadmissible by virtue of Rule 38.21.' 'Leave is granted to admit the report of Dr Thomas Gibson dated 15 February 2010 in accordance with Part 31 Rule 28 of the Uniform Civil Procedure Rules 2005.']