NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dickson v State of NSW [2021] NSWSC 234 Hearing dates: 11 March 2021 Date of orders: 15 March 2021 Decision date: 15 March 2021 Jurisdiction: Common Law Before: Lonergan J Decision: (1) I grant leave to the plaintiff to rely upon the expert reports of A/Professor Raftos dated 10 February 2020 and 24 June 2020. (2) I order that the defendant pay the plaintiff's costs of this notice of motion. Catchwords: CIVIL PROCEDURE – application for leave to reply on expert reports served out of time – proceedings in case management phase – no impending hearing date – reasonable time for defendant to obtain expert evidence in reply – prejudice - consideration of rr 31.28 and 1.12 of the Uniform Civil Procedure Rules 2005 (NSW) – special circumstances – leave granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 31.28 Cases Cited: Addison v BHP Billiton Iron Ore Pty Limited [2019] NSWSC 1433 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Tabet v Gett (2010) 240 CLR 537; [2010] HCA 12 Category: Procedural rulings Parties: Robert Dickson (Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: M Daley (Plaintiff) S Kettle (Defendant)
Solicitors: Monaco Compensation Lawyers (Plaintiff) NSW Crown Solicitors Office (Defendant) File Number(s): 2017/101435 Publication restriction: Nil
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