Mark Anthony CHITTS v Dr Sadek HAMIED [2023] NSWDC 188

District Court New South Wales

Medium Neutral Citation: Mark Anthony CHITTS v Dr Sadek HAMIED [2023] NSWDC 188 Hearing dates: 5 June 2023 Date of orders: 5 June 2023 Decision date: 09 June 2023 Jurisdiction: Civil Before: Lerve DCJ Decision: Proposed orders: 1. Pursuant to Rule 31.28(4) the defendant is granted leave to rely on the reports of Dr Deidre O'Dea dated 7 February 2023 and Dr Seamus Dalton dated 31 October 2022. 2. The plaintiff is to serve any reports in reply to those referred to in order 1 by 31 July 2023; 3. Time for the parties to participate in mediation is extended to 31 August 2023; 4. If the matter is not resolved at mediation the matter is to be listed for hearing at the civil sittings of the District Court of New South Wales at Wagga Wagga on 20 November 2023 with an estimate of 3 to 4 days; 5. The applicant defendant to pay the costs of and incidental to this Notice of Motion. Catchwords: CIVIL PROCEDURE – interlocutory application – whether leave should be granted to rely on supplementary experts' reports – what constitutes "special circumstances" – interests of justice Legislation Cited: Civil Procedure Act, 2005 Uniform Civil Procedure Rules, 2005 Cases Cited: Addison v BHP Biliton Iron Ore Pty Limited [2019] NSWSC 1433 DPP (Cth) v French [2023] NSWDC 174 Gershowitz v Kaye [2021] NSWDC 128 Gulab Khan v Matthew Rathjen (No. 2) [2016] NSWDC 140 R v Kelly [2000] 1 QB 198 Category: Procedural rulings Parties: Mark Anthony CHITTS Sadek HAMIED Representation: Counsel: Mr N Hogan (Applicant/Defendant) Mr M Inglis (Respondent/Plaintiff)