Yang v New South Wales Land and Housing Corporation (No 2) [2021] NSWSC 1647

Supreme Court New South Wales

Medium Neutral Citation: Yang v New South Wales Land and Housing Corporation (No 2) [2021] NSWSC 1647 Hearing dates: 3 December 2021 Date of orders: 3 December 2021 Decision date: 03 December 2021 Jurisdiction: Common Law Before: Dhanji J Decision: Order in terms of prayer 1 of the defendant's motion not granted. Orders made in terms of prayers 1, 2, 3 and 4 of the plaintiff's motion. Catchwords: CIVIL PROCEDURE – notice of motions – competing orders – expert evidence – defendant sought plaintiff's expert report not to be admitted with respect to the separate question hearing – plaintiff sought to rely on expert report in the separate question hearing relating to limitation period – whether there were exceptional circumstances that warrant the grant of leave to rely on expert report – exceptional circumstances established - defendant's motion dismissed – leave granted to plaintiff to rely on expert report – orders made Legislation Cited: Civil Procedure Act 2005 (NSW), s 56, s 57, s 58, s 59, s 60 Limitation Act 1969 (NSW), s 11(3), s 52(1)(c) Uniform Civil Procedure Rules 2005 (NSW), r 31.28 Cases Cited: Ralston and Collins v Chaffey [2018] NSWSC 1994 Yang v New South Wales Land and Housing Corporation [2020] NSWSC 1925 Category: Procedural rulings Parties: Yan Lim Yang (Plaintiff) New South Wales Land and Housing Corporation (Defendant) Representation: Counsel: N Obrart (Plaintiff) A Bhasin (Defendant)

Solicitors: Ayoub Lawyers (Plaintiff) Minter Ellison (Defendant) File Number(s): 2019/251487 Publication restriction: Nil