The Owners – Strata Plan No. 80751 v AV Jennings (Cammeray) [2018] NSWSC 1080

The Owners – Strata Plan No. 80751 v AV Jennings (Cammeray) [2018] NSWSC 1080

Leave to rely on Dr Scheirs' expert report refused because plaintiff gave no satisfactory explanation for delay despite longstanding awareness of the need for such evidence, and admitting the evidence so close to hearing would prejudice the defendants’ ability to prepare; interests of justice and efficient court administration do not favour vacation of hearing or admitting late report.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Application for Leave to Rely on Late Expert Reports and Affidavits / Interlocutory (procedural Ruling Before Full Hearing)
Outcome
Leave to rely on Dr Scheirs’ report refused; question of leave for two other reports stood over for further submissions; otherwise, leave granted for uncontested affidavits and some other reports.
Legal Topics
['late Expert Evidence' 'interests of Justice' 'case Management' 'vacation of Hearing' 'expert Reports Admissibility']
['civil Procedure'] ['late Expert Evidence' 'interests of Justice' 'case Management' 'vacation of Hearing' 'expert Reports Admissibility']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Rely on Late Expert Reports and Affidavits / Interlocutory (procedural Ruling Before Full Hearing)

Legal Issues

  1. 1 ['Whether to grant leave to plaintiff to rely on expert reports and affidavits served out of time' 'Whether justice and case management warrant admitting late evidence' 'Whether hearing should be vacated to allow respondents to respond to new evidence']

Ratio Decidendi

Leave to rely on Dr Scheirs' expert report refused because plaintiff gave no satisfactory explanation for delay despite longstanding awareness of the need for such evidence, and admitting the evidence so close to hearing would prejudice the defendants’ ability to prepare; interests of justice and efficient court administration do not favour vacation of hearing or admitting late report.

Court Disposition

Leave to rely on Dr Scheirs’ report refused; question of leave for two other reports stood over for further submissions; otherwise, leave granted for uncontested affidavits and some other reports.

Orders

  • ["Plaintiff refused leave to rely on Dr Scheirs' report dated 30 June 2018." "Application for leave to rely on further report of Mr McGill and a yet-to-be-served quantity surveyor's report stood over for submissions 9.15am on 11 July 2018." 'Leave otherwise granted for additional affidavits and expert reports as per...