NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Barakat v Mastroianni [2016] NSWDC 122 Hearing dates: 14 October 2016 Date of orders: 14 October 2016 Decision date: 14 October 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Plaintiff be granted leave pursuant to r 31.28 of the Uniform Civil Procedure Rules 2005 to rely upon the report of Kate Dawson dated 31 August 2016 notwithstanding it was served upon the defendants after 22 January 2016. (2) Costs of the motion be costs in the proceedings. (3) Grant leave to the defendants to rely on a report responding to the occupational therapist's report the subject of this motion that is served by 11am on 1 November 2016. Catchwords: CIVIL PROCEDURE – expert report – late filing and service of expert report – exceptional circumstances – leave granted Legislation Cited: Civil Procedure Act 2005, s 56 Practice Note DC (Civil) No. 1 Uniform Civil Procedure Rules 2005, r 31.28 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural rulings Parties: Kayla Barakat (plaintiff) Cesare Mastroianni (first defendant) Consetta Mastroianni (second defendant) Glenrose Beauty Gallery Pty Ltd (third defendant) Representation: Counsel: Mr P Frame (plaintiff) Mr Carolan (defendants)
Solicitors: W D Hunt & Associates (plaintiff) BBW Lawyers (defendants) File Number(s): 2015/258399 Publication restriction: None
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