NSW Caselaw
New South Wales Supreme Court
CITATION : Coal Management Operations & Processing Pty Limited v Resource Pacific Limited [2009] NSWSC 573
HEARING DATE(S) : 22 May 2009 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 22 May 2009
DECISION : Defendant may obtain expert opinion – defendant to serve reports on other parties – Court to determine at later date whether evidence may be adduced.
CATCHWORDS : EVIDENCE – expert evidence – application to use expert evidence – where defendant seeks to obtain expert report on "coal preparation process" and "management practice" within coal industry – whether person with relevant expertise exists – whether any such specialised body of knowledge exists – Held – defendant may obtain expert opinion – Court to determine at a later stage if evidence may be adduced.
LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules 2005, r 31.19, r 31.20
CATEGORY : Procedural and other rulings
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 JB Whittle SC w Mr BJ Burke (plaintiff/XD5) COUNSEL : Mr MR Elliot (defendant/XC1) Ms KH Barrett (XD1-4)
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