Hannam v State of New South Wales (No 3) [2022] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: Hannam v State of New South Wales (No 3) [2022] NSWSC 498 Hearing dates: 26 April 2022 Decision date: 26 April 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse to extend the time within which the defendant may serve: (a) the report of Dr Michael Robertson dated 24 March 2022; and (b) the statement of Christian Halbmeier dated 31 March 2022. (2) Otherwise dismiss the defendant's notice of motion dated 21 April 2022. (3) Order the defendant to pay the plaintiff's costs of the defendant's notice of motion dated 21 April 2022 on the ordinary basis. (4) Confirm the hearing date of 9 May 2022 and note the estimates of the parties. Catchwords: CIVIL PROCEDURE — Time — Extension of time — application to extend time for service of expert report and witness statement — whether there were exceptional circumstances warranting a grant of leave — whether in interests of justice to grant leave — leave refused COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — whether delay or defendant's attitude warrant award of indemnity costs — where conduct did not warrant order for indemnity costs Legislation Cited: Civil Liability Act 2002 (NSW), ss 48, 50 Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 31.28, 31.4, 42.1 Cases Cited: Addison v BHP Billiton Iron Ore Pty Ltd [2019] NSWSC 1433 Category: Procedural rulings Parties: Andrew Robert John Hannam (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: J Maconachie QC / P Tierney (Plaintiff) M Hutchings (Defendant)