Soma-Devan v SCentre Shopping Management Pty Ltd t/as Westfield Hurstville (No 2) [2024] NSWSC 95

Supreme Court New South Wales

Medium Neutral Citation: Soma-Devan v SCentre Shopping Management Pty Ltd t/as Westfield Hurstville (No 2) [2024] NSWSC 95 Hearing dates: 31 January 2024 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Common Law Before: Dhanji J Decision: (1) The plaintiff has leave to rely on the report of Dr Christopher Canaris dated 23 August 2023. (2) The plaintiff has leave to rely on the report of Dr Mark Ridhalgh dated 22 September 2023. (3) The plaintiff has leave to rely on the report of Kayleen Engelsman, occupational therapist, dated 22 June 2023. (4) The plaintiff has leave to rely on the vocational assessment report of Eleanor Eshel dated 27 July 2023. (5) The plaintiff has leave to rely on the amended statement of particulars filed 18 October 2023. (6) The plaintiff is to pay the defendants' costs on the motion. Catchwords: CIVIL PROCEDURE – notices of motion – expert evidence – where plaintiff sought leave to rely on expert reports – context of delay – amended particulars - renewed claim for psychiatric injury - overriding purpose and objects of case management – rule 31.28 of Uniform Civil Procedure Rules 2005 (NSW) - exceptional circumstances established - leave granted to plaintiff to rely on expert reports – orders made CIVIL PROCEDURE – subpoena to plaintiff's solicitor – client legal privilege claimed – waiver – scope of subpoena narrowed – objection withdrawn Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Addison v BHP Billiton Iron Ore Pty Limited [2019] NSWSC 1433 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited (2013) 250 CLR 303; [2013] HCA 46 Irfan v Western Sydney Local Health District [2023] NSWSC 845 Karl Suleman Enterprizes Pty Ltd (in liq) v Pham [2013] NSWCA 93 Category: Procedural rulings Parties: Prashadhinee Soma-Devan (Plaintiff) SCentre Shopping Management Pty Limited trading as Westfield Hurstville (First Defendant) Ezko Property Services (Aust) Retail Pty Ltd (Third Defendant) Representation: Counsel: M McAuley (Plaintiff) D Talintyre (First Defendant) C Coventry (Third Defendant)