NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Attwells v White (No. 3) [2021] NSWSC 1569 Hearing dates: 12 November 2021 Date of orders: 12 November 2021 Decision date: 02 December 2021 Jurisdiction: Common Law Before: Lonergan J Decision: For orders see par [38] at the end of this judgment Catchwords: CIVIL PROCEDURE – professional negligence – separate question – opportunistic application apparently prompted by late service of expert evidence on damages – opportunistic and late application for referral of assessment of damages to referee - oral application for vacation of hearing date – applications refused – question of admissibility of expert evidence reserved for trial judge Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-61 Uniform Civil Procedures Rules 2005 (NSW), rr 20.14, 20.15 and 28.2 Cases Cited: Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36 Southwell v Bennett [2010] NSWSC 1372 Tepko Pty Ltd v Water Board (2001) 206 CLR 1; [2001] HCA 19 Category: Procedural rulings Parties: Noel Bruce Attwells (Plaintiff) Gary Alan White (First Defendant) John Kelly SC (Second Defendant) Representation: Counsel: R Newell (Plaintiff) A Horvath SC (First Defendant) I Griscti (Second Defendant)
Solicitors: L.C. Muriniti & Associates (Plaintiff) Gilchrist Connell Solicitors (First Defendant) Mills Oakley Lawyers (Second Defendant) File Number(s): 2017/382284 Publication restriction: Nil
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