Tong Hi To v Revro Pty Ltd; Tong Hi To v Gerard Lighting Pty Ltd [2016] NSWSC 467

Tong Hi To v Revro Pty Ltd; Tong Hi To v Gerard Lighting Pty Ltd [2016] NSWSC 467

Given the recent emergence of maintenance issues supported by late expert evidence and to ensure all issues can be properly decided, the Court granted the application to vacate the hearing date, allowed the joinder of DRM Engineering Pty Ltd as second defendant, but ordered costs against the plaintiff for the wasted preparation by the defendant.

Jurisdiction
Australia
Judgment Date
05 April 2016
Procedural Posture
Application to Vacate Hearing Date / Ex Tempore Judgment on Interlocutory Application
Outcome
Plaintiff's motion granted; hearing vacated; costs against plaintiff; leave to join second defendant
Legal Topics
['procedure' 'vacation of Hearing Date' 'expert Opinion']
['civil Law'] ['procedure' 'vacation of Hearing Date' 'expert Opinion']

Case Brief

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Procedural Posture

Application to Vacate Hearing Date / Ex Tempore Judgment on Interlocutory Application

Legal Issues

  1. 1 ["Whether to grant the plaintiff's application to vacate the hearing date and join a second defendant based on late expert opinion regarding maintenance and causation of injury"]

Ratio Decidendi

Given the recent emergence of maintenance issues supported by late expert evidence and to ensure all issues can be properly decided, the Court granted the application to vacate the hearing date, allowed the joinder of DRM Engineering Pty Ltd as second defendant, but ordered costs against the plaintiff for the wasted preparation by the defendant.

Court Disposition

Plaintiff's motion granted; hearing vacated; costs against plaintiff; leave to join second defendant

Orders

  • ['The hearing of both matters listed for 11 April 2016 is vacated.' 'Order for costs against the plaintiff in favour of the defendant (Revro Pty Ltd).' 'Leave granted to the plaintiff to join DRM Engineering Pty Ltd as second defendant.' "Matter stood over to the Registrar's list on 13 April 2016 at 9am for a...