AAFC No 1 Corporation (Company No 102083) v Tokio Marine & Nichido Fire Insurance Co Ltd & Anor [2025] NSWSC 43

Supreme Court New South Wales

Medium Neutral Citation: AAFC No 1 Corporation (Company No 102083) v Tokio Marine & Nichido Fire Insurance Co Ltd & Anor [2025] NSWSC 43 Hearing dates: 7 February 2025 Date of orders: 12 February 2025 Decision date: 12 February 2025 Jurisdiction: Equity Before: Elkaim AJ Decision: 1. The defendants have liberty to adduce expert evidence in the proceedings. 2. The expert evidence obtained pursuant to these orders is to be served on or before 31 July 2025. 3. All parties have liberty to restore the matter in respect of the limiting of the scope or duplication of the expert evidence served, or the extension of the date for service of the evidence. 4. The plaintiffs are to pay the defendants' costs of and incidental to the notices of motion filed by the defendants on 20 December 2024. 5. The matter is listed for further directions in the Commercial List on 21 February 2025. Catchwords: EVIDENCE — expert evidence — requirement for directions under Uniform Civil Procedure Rule 31.19 — whether evidence "reasonably required to resolve the proceedings" — where defendants wish to answer expert testimony already filed by plaintiffs — where defendants require expert evidence in fields outside their normal business area — where the need for expert evidence arises from issues in the pleadings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58 Uniform Civil Procedure Rules 2005 (NSW), r 31.19 Cases Cited: Coal Management Operations & Processing Pty Ltd v Resource Pacific Ltd [2009] NSWSC 573 Greensill Bank AG v Insurance Australia Ltd (NSD 1216/2021) 12 December 2024 NorthWest Healthcare Australia RE Ltd v Australian Unity Funds Management Ltd [2023] NSWSC 86 Category: Procedural rulings Parties: AAFC No 1 Corporation (Company No 102083) (Plaintiff) AAFC No 2 Corporation (Company No 102236) (Second Plaintiff) AAFC No 3 Corporation (Company No 102702) (Third Plaintiff) MHC No 1 Corporation (Company No MC-335456) (Fourth Plaintiff) MHC No 2 Corporation (Company No 98759) (Fifth Plaintiff) MHC No 3 Corporation (Company No 99150) (Sixth Plaintiff) Tokio Marine & Nichido Fire Insurance Co Ltd (First Defendant) Insurance Australia Ltd (Second Defendant) Representation: Counsel: Mr J Giles SC (Plaintiff) Mr B O'Connor (Plaintiff) Ms E A Colins SC (First Defendant) Ms E R Doyle-Markwick (First Defendant) Mr J Kennedy (Second Defendant)