3 Rivers Estate Pty Ltd v Consult Survey GRA Pty Ltd [2023] NSWSC 1217

Supreme Court New South Wales

Medium Neutral Citation: 3 Rivers Estate Pty Ltd v Consult Survey GRA Pty Ltd [2023] NSWSC 1217 Hearing dates: 6 October 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Common Law Before: Mitchelmore J Decision: (1) The Amended Summons is dismissed with costs. Catchwords: APPEALS – Leave to appeal – Exercise of discretion – where expert report served by defendant in Local Court – where non-compliance with Uniform Civil Procedure Rules 2005 (NSW), r 39.19 and Local Court Practice Note Civ 1 – where Magistrate dismissed application in Local Court to adduce expert report made some 22 after service of report and during hearing of case – whether leave to appeal should be granted – whether reasonably clear injustice Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-58 Local Court Act 2007 (NSW), s 40 Uniform Civil Procedure Rules 2005 (NSW), r 39.19 Cases Cited: Ainsworth v Burden [2005] NSWCA 174 Chapman v Chapman [2007] NSWSC 1109 DJ & LJ Norman Pty Ltd v Sheather [2022] NSWSC 1299 Darlington v Director of Public Prosecutions (NSW) [2023] NSWSC 1139 House v The King (1936) 55 CLR 499; [1936] HCA 40 In re The Will of FB Gilbert (1946) 46 SR (NSW) 318 Lahoud v Willoughby City Council [2022] NSWCA 214 Namoi Sustainable Energy Pty Ltd v Buhren [2022] NSWSC 175 Shellharbour City Council v Minister for Planning [2011] NSWCA 195 Category: Principal judgment Parties: 3 Rivers Estate Pty Ltd (Applicant) Consult Survey GRA Pty Ltd (Respondent) Representation: Counsel: Mr J Masters (Applicant) Mr T To (Respondent)