NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Weekes v Vandervelde t/as Molong Ready Mixed Concrete [2021] NSWDC 824 Hearing dates: 7 October 2021 Date of orders: 7 October 2021 Decision date: 07 October 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Make orders 1, 3 (but not 3c) and 5 sought in the notice of motion filed 24 September 2021. (2) Grant leave to the defendants to serve a reply report of Mr Mahaffey by 21 October 2021. (3) The notice of motion is otherwise dismissed. (4) Defendants' costs of the motion be the defendants' costs in the proceedings. (5) Grant liberty to any party to list the matter before the list judge on 24 hours' notice. Catchwords: CIVIL PROCEDURE — time — extension of time – expert report – whether in reply – whether exceptional circumstances – default by, opposing party Legislation Cited: Uniform Civil Procedure Rules 2005, r 1.12, r 31.28, r 42.7 Cases Cited: Gershowitz v Kaye [2021] NSWDC 128 Category: Procedural rulings Parties: Toby Weekes (plaintiff) Dustin Vandervelde t/as Molong Ready Mixed Concrete (first defendant) Lisa Vandervelde t/as Molong Ready Mixed Concrete (second defendant) Representation: Counsel: Mr J Ireland QC (plaintiff) Mr J Lee (defendants)
Solicitors: McGirr Lawyers Pty Ltd (plaintiff) Sparke Helmore Lawyers (defendants) File Number(s): 2020/00241680 Publication restriction: None
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