Gispac Pty Limited v Michael Hill Jeweller (Australia) Pty Ltd [2021] NSWSC 301

Supreme Court New South Wales

Medium Neutral Citation: Gispac Pty Limited v Michael Hill Jeweller (Australia) Pty Ltd [2021] NSWSC 301 Hearing dates: 19 March 2021 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The plaintiff is granted leave to rely on the expert report of Wynand Mullins dated 30 November 2020 and the second affidavit of Edwin Bogatez dated 1 December 2020. (2) The plaintiff is to pay the defendant's costs of the motion. Catchwords: CIVIL PROCEDURE – Leave to rely on an expert's report and affidavit – Where report filed outside the timeline set by a guillotine order – Leave granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 60 Uniform Civil Procedure Rules 2005 (NSW), r 12.7 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Dawson as liquidator of J R Line and Safety Services Pty Ltd (in liq) v Alam [2020] NSWSC 1679 Pure Nature Sydney Pty Ltd [2018] NSWSC 482 Category: Procedural rulings Parties: Gispac Pty Limited (Plaintiff) Michael Hill Jeweller (Australia) Pty Ltd (Defendant) Representation: Counsel: J Stoljar SC with R Jameson (Plaintiff) J Muir (Defendant)

Solicitors: Bridges Lawyers (Plaintiff) Otto Martiens Lawyers (Defendant) File Number(s): 2019/187098 Publication restriction: Nil