NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Growthbuilt Pty Ltd v Bedrule Pty Ltd [2024] NSWSC 977 Hearing dates: 07 August 2024 Date of orders: 07 August 2024 Decision date: 07 August 2024 Jurisdiction: Equity - Technology and Construction List Before: McGrath J Decision: Leave to rely on expert report as evidence refused (see [20]) Catchwords: EVIDENCE — procedure — expert evidence — r 31.28 of Uniform Civil Procedure Rules 2005 (NSW) — application by plaintiff for leave to rely on expert report served late — whether exceptional circumstances exist — HELD — exceptional circumstances not established by plaintiff Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 31.28 Civil Procedure Act 2005 (NSW) ss 56, 57, 58 Cases Cited: Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham [2012] NSWSC 266 Commonwealth Bank v Iinvest (No 7) [2017] NSWSC 440 Category: Procedural rulings Parties: Growthbuilt Pty Ltd (Plaintiff) Bedrule Pty Ltd (First Defendant) Samuel Turnbull (Second Defendant) Glen O'Brien (Third Defendant) Representation: Counsel: M Keene (Plaintiff) R Sud (First, Second and Third Defendants)
Solicitors: Prilis Solicitors (Plaintiff) Fielding Robinson (First, Second and Third Defendants) File Number(s): 2022/00234912 Publication restriction: Nil
JUDGMENT – EX TEMPORE
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