Giles Geoffrey Woodgate v Helen Margaret Fawcett [2008] NSWSC 786

New South Wales Supreme Court

CITATION : Giles Geoffrey Woodgate v Helen Margaret Fawcett [2008] NSWSC 786

HEARING DATE(S) : 28 July 2008 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 28 July 2008

DECISION : No orders on the motion. Costs in the cause

CATCHWORDS : EVIDENCE – defendant served expert report on plaintiffs – plaintiffs requested certain documents and information referred to in the expert report pursuant to s 166 of the Evidence Act 1995 (NSW) – defendants did not comply with request and plaintiffs obtained order of the Court under s 169 that defendant was to comply with the requests – defendant sent letter explaining non-compliance – plaintiffs sought order under s 169(3) that the defendant's expert report not be admitted into evidence – whether reasonable cause for non-compliance under s 169(4)(a) – whether Court had power to make order directing defendant to comply with request to identify author of a document – whether discretion to direct that the expert report not be admitted into evidence should be exercised

LEGISLATION CITED : Evidence Act 1995 (NSW)

Giles Geoffrey Woodgate PARTIES : M.G.B. Chadd Pty Ltd (in liquidation) ACN 062 822 897 Helen Margaret Fawcett

FILE NUMBER(S) : SC 5869/2006

COUNSEL : J.T. Johnson (Plaintiffs) M. Lowenstein (Defendant)

SOLICITORS : Sally Nash & Co (Plaintiffs) Leonard Legal (Defendant)

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HAMMERSCHLAG J

28 JULY 2008

5869/2006 GILES GEOFFREY WOODGATE & ANOR -V- HELEN MARGARET FAWCETT EX TEMPORE JUDGMENT 1 HIS HONOUR: By interlocutory process dated 9 July 2008 the plaintiffs move for an order under s 169(3) of the Evidence Act 1995 (NSW) ("the Act") that the report of Robert Whitton of Lawler Partners dated April 2008 not be admitted into evidence because the defendant has not complied with an order made by the Court on 21 July 2008 under subs 169(1)(a) that it comply with a request by the plaintiffs under s 166.