NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Zheng v Ianni & Ors [2021] NSWDC 492 Hearing dates: 15 – 16 September 2021 Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs 18 – 20 Catchwords: PRACTICE AND PROCEDURE – civil – expert medical evidence – application by third and fourth defendants for leave to rely upon expert medical report prepared for first and second defendants – no notification of tender until trial – relevance of plaintiff's late settlement of claim against first and second defendants – whether leave should be granted – whether "exceptional circumstances" – permitted use of report to challenge credit of plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW) s 58 Evidence Act 1995 (NSW) s 136 Uniform Civil Procedure Rules 2005 (NSW) rr 31.17, 31.19, 31.28, 31.29 Cases Cited: San v Rumble (No 2) (2007) NSWCA 259 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Texts Cited: Nil Category: Procedural rulings Parties: Buzhong Zheng (plaintiff) Najib Daoud (third defendant) Leila Daoud (fourth defendant) Fred Daoud (fifth defendant) Representation: Counsel: Mr J Phillips SC with Mr L Robison for the plaintiff Ms F Sinclair for the third and fourth defendants No appearance for the fifth defendant
Solicitors: MGL Lawyers for the plaintiff George Khoury & Co for the third and fourth defendants File Number(s): 2019/00181425
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