Zhang v Hardas [2018] NSWSC 219

Zhang v Hardas [2018] NSWSC 219

Exceptional circumstances were established due to the plaintiff's psychiatric condition affecting her ability to give instructions, the relevance and anticipated centrality of the report, and lack of prejudice to the defendant that would prevent a fair trial. Leave was granted to admit Dr Cooke's report.

Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Civil / Interlocutory Ruling During Trial
Outcome
Leave granted to admit the expert report of Dr Robert Cooke dated 7 August 2017 into evidence.
Legal Topics
['expert Evidence' 'admissibility' 'exceptional Circumstances']
['civil Procedure'] ['expert Evidence' 'admissibility' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ['Whether leave should be granted to admit the report of Dr Robert Cooke served shortly before trial' 'Whether exceptional circumstances exist as required by r 31.28 of the Uniform Civil Procedure Rules 2005']

Ratio Decidendi

Exceptional circumstances were established due to the plaintiff's psychiatric condition affecting her ability to give instructions, the relevance and anticipated centrality of the report, and lack of prejudice to the defendant that would prevent a fair trial. Leave was granted to admit Dr Cooke's report.

Court Disposition

Leave granted to admit the expert report of Dr Robert Cooke dated 7 August 2017 into evidence.

Orders

  • ['The report of Dr Robert Cooke dated 7 August 2017 is admitted into evidence.']