Loumbos v Gray [2020] NSWSC 101

Loumbos v Gray [2020] NSWSC 101

Given that Mr Shepherd had held the file since the middle of the previous year and the plaintiff did not propose to rely on expert evidence on liability or quantum, it was reasonable to require the plaintiff to serve evidence in chief by 6 March 2020 and the defendants to serve evidence in chief by 10 April 2020.

Jurisdiction
Australia
Judgment Date
19 February 2020
Procedural Posture
Practice and Procedure Application to Vary Timetable for the Service of Evidence / Directions Hearing
Outcome
Timetable varied and directions made using the defendants' proposed dates.
Legal Topics
['application to Vary Timetable for Service of Evidence' 'service of Lay and Expert Evidence' 'directions']
['practice and Procedure'] ['application to Vary Timetable for Service of Evidence' 'service of Lay and Expert Evidence' 'directions']

Case Brief

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Procedural Posture

Practice and Procedure Application to Vary Timetable for the Service of Evidence / Directions Hearing

Legal Issues

  1. 1 ['Whether the timetable for service of evidence ordered on 12 November 2019 should be varied' "What dates should be fixed for service of the plaintiff's lay and expert evidence in chief and the defendants' evidence in chief"]

Ratio Decidendi

Given that Mr Shepherd had held the file since the middle of the previous year and the plaintiff did not propose to rely on expert evidence on liability or quantum, it was reasonable to require the plaintiff to serve evidence in chief by 6 March 2020 and the defendants to serve evidence in chief by 10 April 2020.

Court Disposition

Timetable varied and directions made using the defendants' proposed dates.

Orders

  • ['The plaintiff is to serve any lay and expert evidence in chief by 6 March 2020.' 'The defendants are to serve any evidence in chief by 10 April 2020.' 'The matter is listed for further directions on 17 April 2020.' 'The directions hearing listed for 20 March 2020 is vacated.' 'Costs of today are reserved.'...