Sun v He [2022] NSWSC 145

Supreme Court New South Wales

Medium Neutral Citation: Sun v He [2022] NSWSC 145 Hearing dates: 17 February 2022 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Equity - Duty List Before: Henry J Decision: Waive requirement for the Plaintiff to serve expert report on the Defendants prior to trial and grant leave to the Plaintiff to tender the report at the hearing: see [45]. Catchwords: EVIDENCE – PRACTICE AND PROCEDURE –Application for leave to tender expert evidence without serving on the opposing party prior to trial – where application brought ex parte – consideration of relevant factors – interests of justice – "Markus" order granted Legislation Cited: Civil Procedure Act 2005 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Halpin v Lumley General Insurance Ltd [2009] NSWCA 372; (2009) 78 NSWLR 265 Latimer v Day [2015] NSWSC 11 Markus v Provincial Insurance Co Ltd (1983) 25 NSWCCR 1 Orkzai v LMG Pty Ltd [2020] NSWSC 1366 Prasad v AMP Life Limited; Printer Ribbon Products Pty Ltd v AMP Life Limited [2012] NSWSC 1076 Sun v He [2020] NSWSC 802 Kon v AMP Life Ltd [2006] NSWSC 957 He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95 Sun v He (No 2) [2020] NSWSC 1298 Category: Procedural rulings Parties: Bo Sun (Plaintiff) Representation: Counsel: M Pesman SC and T Bors (Plaintiff)