NSW Caselaw
New South Wales Supreme Court
CITATION : Wu v Statewide Developments Pty Ltd [2009] NSWSC 587
HEARING DATE(S) : 26 May 2009 JURISDICTION : Equity Division Duty Judge List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 26 May 2009
DECISION : Plaintiff (and also defendant) may obtain separate expert report - reserve for later consideration whether leave will be granted to adduce report – reserve for trial judge whether plaintiff should regardless of outcome, pay extra costs incurred by both sides as a result of additional experts.
CATCHWORDS : EVIDENCE - Expert evidence – single expert – application for leave to obtain report – where single expert evidence already obtained under UCPR r 31.37 - where issue on which evidence sought is central - relevant considerations
LEGISLATION CITED : (NSW) Conveyancing Act 1919, s 52 (NSW) Uniform Civil Procedure Rules 2005, r 31.37, r 31.44
CATEGORY : Procedural and other rulings
Cosgrove v Pattison [2001] CP Rep 68, [2000] All ER (D) 2007 CASES CITED : Daniels v Walker [2000] 1 WLR 1382 Tomko v Tomko [2007] NSWSC 1486 Wu v Statewide Developments Pty Ltd [2009] NSWSC
Da Hui Wu (first plaintiff) PARTIES : Jing Jing Li (second plaintiff) Statewide Developments Pty Ltd (defendant)
FILE NUMBER(S) : SC 2631/07
COUNSEL : Mr S Brennan (plaintiffs) Mr J Stoljar SC (defendant)
SOLICITORS : Gregory J Goold (plaintiffs) Mallesons Stephen Jaques (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST
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