Coal Management Operations & Processing Pty Limited v Resource Pacific Limited [2009] NSWSC 796

New South Wales Supreme Court

CITATION : Coal Management Operations & Processing Pty Limited v Resource Pacific Limited [2009] NSWSC 796

HEARING DATE(S) : 31 July 2009 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 31 July 2009

CATCHWORDS : EVIDENCE – Expert evidence – Single experts

CATEGORY : Procedural and other rulings

CASES CITED : Daniels v Walker [2000] 1 WLR 1382 Wu v Statewide Developments Pty Ltd [2009] NSWSC 587

Coal Management Operations & Processing Pty Ltd (plaintiff) Resource Pacific Ltd (defendant) First Cross-Claim: Resource Pacific Ltd (cross-claimant) Paul John Jury (XD1) PARTIES : David Hughes (XD2) Carol Esther Holley (XD3) Geoffrey Toby Rose (XD4) Coal Management Operations & Processing Pty Ltd (XD5) Second Cross-Claim: Paul John Jury (cross-claimant) Resource Pacific Ltd (XD1)

FILE NUMBER(S) : SC 50051/08

Mr BJ Burke (plaintiff/XD5) COUNSEL : Mr MR Elliot (defendant/XC1) Ms KH Barrett (XD1-4)

O'Hearn & Bilinsky Lawyers (plaintiff/XD5) SOLICITORS : Mallesons Stephen Jaques (defendant/XC1) Clayton Utz (XD1-4)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

BRERETON J

Friday 31 July 2009

50051/08 Coal Management Operations and Processing Pty Limited v Resource Pacific Limited

JUDGMENT (ex tempore) 1 HIS HONOUR: On 22 May 2009, I made directions in the following terms: Direct that by 17 July 2009 the cross-claimant may serve: (a) a report of an expert with expertise in coal preparation processes, being a report as to what that expert would have advised had he or she been requested to provide an independent expert report to the Board of Resource Pacific Limited in or about December 2007 in connection with the "process improvement" proposed by the plaintiff at the Newpac Colliery;