Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burgess v Neilsen Television Audience Measurement Pty Ltd [2013] FCA 271 Citation: Burgess v Neilsen Television Audience Measurement Pty Ltd [2013] FCA 271
Parties: CHRISTOPHER IAN BURGESS v NEILSEN TELEVISION AUDIENCE MEASUREMENT PTY LTD ACN 089 686 500
File number(s): NSD 1247 of 2011
Judge: JAGOT J
Date of judgment: 22 March 2013
Catchwords: PRACTICE AND PROCEDURE – leave to file expert report – weighing of discretionary factors - prejudice
Date of hearing: 22 March 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Solicitor for the Applicant: Capital Lawyers
Solicitor for the Respondent: Banki Haddock Fiora
Counsel for the Applicant: A G Martin
Counsel for the Respondent: M Hall
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1247 of 2011
BETWEEN: CHRISTOPHER IAN BURGESS
Applicant
AND: NEILSEN TELEVISION AUDIENCE MEASUREMENT PTY LTD ACN 089 686 500
Respondent
JUDGE: JAGOT J DATE OF ORDER: 22 MARCH 2013 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicant be granted leave to file and serve the expert report of Mr Jeremy Tuston, dated February 2013. 2. The applicant be granted leave to file and serve the third amended statement of claim as annexed to the interlocutory application dated 14 March 2013. 3. The applicant pay the respondent's costs thrown away by reason of the grant of leave to the application to file and serve the third amended statement of claim as agree or taxed. 4. The applicant pay the respondent's costs of the interlocutory application filed on 14 March 2013 payable forthwith as agreed or taxed and such costs may be taxed forthwith if not agreed. 5. The applicant pay the respondent's costs as additionally incurred by reason of the delay in the filing and service of the report of my Jeremy Tusten. 6. The directions hearing on 28 March 2013 be vacated. 7. The matter be listed for directions at 9:30am on 2 April 2013. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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