The Owners - Strata Plan No 8075 v ESH Group Pty Ltd [2019] NSWDC 171

The Owners - Strata Plan No 8075 v ESH Group Pty Ltd [2019] NSWDC 171

There were no exceptional circumstances to justify granting leave for the late expert reports. The delays were not adequately explained and allowing the reports would cause significant delay and expense, contrary to the interests of justice and efficient conduct of proceedings. Vacating the hearing was not justified as no very good reasons were demonstrated.

Jurisdiction
Australia
Judgment Date
27 March 2019
Procedural Posture
Civil / Procedural Ruling on Expert Evidence and Adjournment Application
Outcome
Leave to rely on reports refused; application to vacate hearing dismissed.
Legal Topics
['expert Evidence' 'adjournment' 'court Orders' 'delay']
['civil Procedure'] ['expert Evidence' 'adjournment' 'court Orders' 'delay']

Case Brief

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Procedural Posture

Civil / Procedural Ruling on Expert Evidence and Adjournment Application

Legal Issues

  1. 1 ['Whether leave should be granted to rely on expert reports served in breach of court orders' 'Whether the hearing should be vacated to allow time to respond to late evidence']

Ratio Decidendi

There were no exceptional circumstances to justify granting leave for the late expert reports. The delays were not adequately explained and allowing the reports would cause significant delay and expense, contrary to the interests of justice and efficient conduct of proceedings. Vacating the hearing was not justified as no very good reasons were demonstrated.

Court Disposition

Leave to rely on reports refused; application to vacate hearing dismissed.

Orders

  • ['Refuse to grant leave to the defendants to rely upon the two reports in question.' "Dismiss the defendants' application to vacate the hearing."]