Les & Zelda Investments Pty Ltd (as Trustee for Les & Zelda Family Trust) v Whitehaven Coal Ltd [2024] NSWSC 1037

Supreme Court New South Wales

Medium Neutral Citation: Les & Zelda Investments Pty Ltd (as Trustee for Les & Zelda Family Trust) v Whitehaven Coal Ltd [2024] NSWSC 1037 Hearing dates: 16 August 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Equity - Commercial List Before: McGrath J Decision: Leave to rely on expert report refused (see [76]) Catchwords: CIVIL PROCEDURE — application by plaintiff for leave to rely on expert report in reply served after guillotine order — significant delay in service of expert report — application heard two weeks before trial — previous failed attempts by plaintiff to engage experts — HELD — leave refused due to inadequate explanation of delay and prejudice to defendant Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58 Practice Note SC Eq 3 Uniform Civil Procedure Rules 2005 (NSW) r 31.28 Cases Cited: Commonwealth Bank v Iinvest (No 7) [2017] NSWSC 440 Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham [2012] NSWSC 266 Kelly v Thorn [2020] NSWSC 1933 Owners Strata Plan 9784 v Mirvac Projects Pty Ltd [2024] NSWSC 741 Pesec v Zivko (No 2) [2022] ACTSC 270 Category: Procedural rulings Parties: Les & Zelda Investments Pty Ltd (as Trustee for Les & Zelda Family Trust) (Plaintiff) Whitehaven Coal Ltd (Defendant) Representation: Counsel: A Macauley (Plaintiff) N Kidd SC and D Morris (Defendant)