NSW Caselaw
New South Wales Supreme Court
Schmierer v Keong [2005] NSWSC 1081 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 21 October 2005
JUDGMENT DATE : 21 October 2005
JURISDICTION : Equity
JUDGMENT OF : Hamilton J
DECISION : Defendant granted leave to adduce expert evidence inconsistent with matter agreed in a joint experts' report; amendment of defence.
CATCHWORDS : PROCEDURE [112] - Supreme Court procedure - Practice under Supreme Court Rules - AA Evidence - Other matters - Expert witnesses confer and provide joint report agreeing on whether signatures genuine - Application to adduce inconsistent expert evidence - Circumstances in which application granted.
Corporations Act 2001 ss 588G, 1318 LEGISLATION CITED : Uniform Civil Procedure Rules 2005 rr 14.18, 31.25(7)
Coopers Brewery Limited v Panfida Foods Limited (1992) 26 NSWLR 738 Drabsch v Switzerland General Insurance Co Ltd NSWSC Santow J 16 October 1996 unreported CASES CITED : Jeans v Commonwealth Bank of Australia (2003) 204 ALR 327 Silver v Dome Resources NL [2005] NSWSC 265
Trevor John Schmierer (P1) Adrian Stewart Duncan (P2) PARTIES : Peter Johnson Horse Transport Pty Limited (In Liquidation) (P3) Clifford Harold Keong (D)
FILE NUMBER(S) : SC 4432/03
M J Cohen (Ps) COUNSEL : J Stevenson SC & C N Bova (D)
Purcell Insolvency Lawyers (Ps) SOLICITORS : Clayton Utz (D)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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