Wadsworth v Hamilton [2022] NSWSC 396

Supreme Court New South Wales

Medium Neutral Citation: Wadsworth v Hamilton [2022] NSWSC 396 Hearing dates: 16 March 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Common Law Before: N Adams J Decision: (1) The notice of motion is dismissed. (2) The costs of the notice of motion filed on 17 December 2021 be costs in the cause. (3) The parties have leave to approach my associate within seven days with an agreed timetable for the filing of evidence. Catchwords: EVIDENCE – expert evidence – advance rulings – plaintiff's rehabilitation expert provided report and subsequently died – unfair prejudice under Evidence Act s 135 – unavailability for cross-examination – cost of responding to two expert reports – Practice Note limits parties to one expert per specialty – second defendant yet to obtain its expert evidence – premature application under s 192A – notice of motion dismissed Legislation Cited: Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW), ss 63, 67, 69, 135, 137, 192A Cases Cited: Australian Competition and Consumer Commission v Air New Zealand Limited (No 10) [2013] FCA 322 Colby v The Queen [1999] NSWCCA 261 Decision restricted [2022] NSWCCA 19 KH v R [2014] NSWCCA 294 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 R v Clark [2001] NSWCCA 494; 123 A Crim R 506 Searle v Commonwealth of Australia [2018] NSWSC 105 Seven Network v News Ltd [2002] FCA 1348; (2006) 224 ALR 317 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Category: Procedural rulings Parties: Wayne Wadsworth (Plaintiff/Respondent) Grace Hamilton (First Defendant) Mina Gobrial (Second Defendant/Applicant) Representation: Counsel: Mr M Perry (Plaintiff/Respondent) Ms F McGinley (First Defendant) Mr M Hutchings (Second Defendant/Applicant)