Stott v Advanta Seeds Pty Ltd [2020] NSWSC 846

Supreme Court New South Wales

Medium Neutral Citation: Stott v Advanta Seeds Pty Ltd [2020] NSWSC 846 Hearing dates: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Common Law Before: Adamson J Decision: 1. The Defendant is granted leave to rely on the following Affidavits and Expert Reports served in this proceeding: a. Affidavit of Mr Barry Croker dated 15 June 2020; b. Affidavit of Mr George Barnes dated 9 June 2020; c. Affidavit of Mr Maxwell Douglas dated 18 June 2020; d. Affidavits of Mr Mark Earl dated 10 June 2020; e. Affidavit of Mr Timothy Kirby dated 10 June 2020; f. Affidavit of Ms Julie Mills dated 9 June 2020; g. Two affidavits of Mr Matthew Needham dated 9 June 2020; h. Affidavit of Mr Timothy Rathbone dated 16 June 2020; i. Expert report of Dr Lindsay Cook dated 12 June 2020; j. Expert report of Mr Graeme Smith dated 15 June 2020. 2. The parties' experts are to confer and engage in a conclave by no later than 8 July 2020. The conclave may occur by telephone. 3. The parties' experts are to provide a joint report on matters agreed or disagreed and setting out the reasons for their disagreement by no later than 17 July 2020. 4. The parties, by their respective solicitors, are to communicate to their respective experts by no later 3 July 2020 advising each expert that: a. the experts in this matter are instructed to meet in conclave by no later than 8 July 2020. Conclave may occur by telephone. b. the experts are to prepare a joint report, setting out the matters agreed or disagreed and providing reasons for their disagreement by no later than 17 July 2020. 5. The following witnesses are granted leave to appear at the trial of this matter by audio visual link: a. Mr Mark Earl; b. Mr Matthew Needham; c. Ms Susanne Wuersching; d. Mr Timothy Rathbone; e. Mr George Barnes; f. Ms Julie Mills; g. Mr Timothy Kirby; h. Mr Graeme Smith; i. Mr Maxwell Douglas. 6. Stand the matter over for further directions before me on 20 July 2020 at 9.15am. 7. Grant liberty to restore on 3 days' notice to my associate. 8. Reserve the question of whether the hearing should be adjourned. 9. Reserve the costs of the defendant's notice of motion filed on 26 June 2020. Catchwords: CIVIL PROCEDURE — Time — Extension of time — where defendant seeks leave to rely on further lay and expert evidence — whether extension ought be granted CIVIL PROCEDURE — Witnesses — whether witnesses ought be permitted to give evidence by audio-visual link Category: Procedural and other rulings Parties: Richard Joseph Stott (First plaintiff) Cheryl Ann Stott (Second plaintiff) Advanta Seeds Pty Ltd ACN 010 933 061 (Defendant) Representation: Counsel: G McNally SC (Plaintiffs) G Sirtes SC / L Judd (Defendant)