Mammo v Savills (NSW) Pty Ltd [2023] NSWDC 332

District Court New South Wales

Medium Neutral Citation: Mammo v Savills (NSW) Pty Ltd [2023] NSWDC 332 Hearing dates: 15 August 2023 Date of orders: 15 August 2023 Decision date: 15 August 2023 Jurisdiction: Civil Before: Russell SC DCJ Decision: Ex tempore reasons given in court (1) Order pursuant to s 192A of the Evidence Act 1995 (NSW) that the plaintiff cannot tender or otherwise rely upon the reports of Mr Ian Burn dated 31 March 2023 or 19 April 2023 at the trial of these proceedings listed to commence on 28 August 2023. (2) Order the plaintiff to pay the first defendant's costs of and incidental to the notice of motion filed on 9 August 2023. (3) Reserve for later determination the question of whether those costs should ultimately be borne by the plaintiff's solicitor personally. Catchwords: EVIDENCE – advance ruling as to use of evidence at trial – guillotine order – no leave sought to adduce expert evidence after expiry of guillotine order Legislation Cited: Evidence Act 1995 (NSW), s 192A Uniform Civil Procedure Rules 2005 (NSW), r 31.28 Cases Cited: Australian Securities and Investments Commission v Whitebox Trading Pty Ltd [2017] FCA 124 TKWJ v The Queen [2002] HCA 42; (2002) 212 CLR 124 Texts Cited: Justice Black, Case management: Innovations and Obstacles, Sixth Judicial Seminar on Commercial Litigation Category: Procedural rulings Parties: Caldon Mammo (Plaintiff) Savills (NSW) Pty Limited (First Defendant) Quad Services Pty Ltd ACN 000 308 592 (Third Defendant) Representation: Counsel: R M Ardino (Solicitor) (Plaintiff) J C Lee (First Defendant) C R Rosano (Third Defendant)