The Public Trustee of South Australia (as Legal Representative of the Estate of the Late John Alfred Richardson) v Clifton Financial Services Pty Limited & Ors (No.2) [2004] NSWDDT 39

Dust Diseases Tribunal of New South Wales

CITATION : The Public Trustee of South Australia (as Legal Representative of the Estate of the Late John Alfred Richardson) v Clifton Financial Services Pty Limited & Ors (No.2) [2004] NSWDDT 39 PARTIES : The Public Trustee of South Australia MATTER NUMBER(S) : 400 of 2002 & 221 of 2003 JUDGMENT OF: Duck J at 1 CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 31/08/04 DATE OF JUDGMENT: 08/31/2004

FOR PLAINTIFF: Mr D G Letcher, QC, instructed by Turner Freeman. LEGAL REPRESENTATIVES: FOR FIRST DEFENDANT: Mr G P F Rundle instructed by Hicksons FOR SECOND DEFENDANT: Mr M T Vesper instructed by Makinson & D' Apice

JUDGMENT: 1. The second and third defendants tender a document apparently entitled "Inspection Report, Management Plan for Asbestos Products, John Martin, Elizabeth Store" prepared in or about March 1995. 2. Objection is taken by the first defendant who submits that it does not go to any allegation pleaded by the plaintiff against the second and third defendants. 3. More importantly the plaintiff objects because the report consists of an expert report which has not been served. It is conceded that the report has not been served. The tenor of its title suggests that it is an expert report. Parties may tailor their conduct of the case having regard to the material which they have to deal with. It cannot be a satisfactory way to proceed to seek to proceed at a hearing in respect of a report of this type which has not been served. 4. I reject the report for that reason. Mr D G Letcher, QC instructed by Turner Freeman appeared for the plaintiff Mr GPF Rundle instructed by Hicksons appeared for the first defendant Mr M Vesper instructed by Makinson & D'Apice appeared for the second and third defendants