The Estate of Genevieve Bryan [2021] NSWSC 567

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Genevieve Bryan [2021] NSWSC 567 Hearing dates: 12 May 2021 Date of orders: 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Equity Before: Hallen J Decision: The Court: (1) Orders that the Plaintiff's notice of motion filed on 4 March 2021 be dismissed. (2) Orders that the Plaintiff pay the Defendant's costs of the notice of motion. (3) Orders that the time within which each party may, by notice in writing, seek clarification of any aspect of Professor Peisah's report, in the form of questions, no more than 10 in number, or otherwise, be extended to 4:00 p.m. on 15 June 2021. (4) Orders, pursuant to s 7(b) of the Court Suppression and Non-publication Orders Act 2010 (NSW) and upon the grounds set out in subs 8(1)(a), namely, that the order is necessary to prevent prejudice to the proper administration of justice, that the report dated 25 February 2021, of Dr Jonathan Phillips AM, Consultant Psychiatrist, and any matter tending to reveal, or disclose, its contents and conclusions, be treated as confidential and not be published or disclosed. (5) Orders pursuant to s 12 of the Court Suppression and Non-publication Orders Act, that the non-publication order continue until the conclusion of the substantive proceedings and the delivery of reasons for judgment, or further order of the Court. (6) Stands over the proceedings for further directions to a date to be determined when these reasons are published. (7) Orders that these orders be entered forthwith. Catchwords: EVIDENCE – Expert evidence – Appointment of joint expert agreed upon by the parties – Plaintiff obtains report from another expert following receipt of joint expert report - Differences in opinion between appointed joint expert and proposed adversarial expert – Whether leave to adduce evidence from another expert on issue arising in proceedings if a parties' joint expert has been engaged – UCPR r 31.44 CIVIL PROCEDURE – Suppression and non-publication of the whole of contents of the adversarial expert report — Whether necessary to prevent disclosure of the contents and conclusions of the adversarial report – Whether order should be made until conclusion of the substantive proceedings and delivery of reasons for judgment delivered or until further order Legislation Cited: Civil Procedure Act 2005 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ainsworth v Burden [2005] NSWCA 174 Bailey v Bailey (1924) 34 CLR 558; [1924] HCA 21 Campbelltown-Minto Merchants Association Inc v Campbelltown City Council [2009] NSWLEC 70 Conias Hotels Pty Ltd v Murphy [2012] QSC 297 Cosgrove v Pattison [2001] CP Rep 68; [2000] All ER (D) 2007 Coyne v Calabro [2009] NSWSC 1023 Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197 D v S [2009] QSC 446 Frizzo v Frizzo [2011] QSC 107 Hawes v Burgess [2013] EWCA Civ 74 In the matter of Optimisation Australia Pty Ltd [2015] NSWSC 2072 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Nicholson v Knaggs [2009] VSC 64 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Starr v Miller; Starr v Miller [2021] NSWSC 426 Stolfa v Owners Strata Plan 4366 (No 2) [2008] NSWSC 531 The Estate of Milan Zlatevski; Geroska v Zlatevski [2020] NSWSC 250 Tomko v Tomko [2007] NSWSC 1486 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2008] NSWLEC 282 Wu v Statewide Developments Pty Ltd [2009] NSWSC 587 Zorbas v Sidiropoulous (No 2) [2009] NSWCA 197 Category: Procedural rulings Parties: Elias Chatky (Plaintiff/Applicant) George Daniel (Defendant/Respondent) Representation: Counsel: Mr A Cheema (Plaintiff/Applicant) Mr A E Maroya (Defendant/Respondent)