NM Rural Enterprises Pty Ltd v Rimanui Farms Limited [2010] NSWSC 945

New South Wales Supreme Court

CITATION : NM Rural Enterprises Pty Ltd v Rimanui Farms Limited [2010] NSWSC 945

HEARING DATE(S) : 23 August 2010

JUDGMENT DATE : 25 August 2010

JUDGMENT OF : Harrison J

DECISION : Mr Combellack's undated report prepared in 2005 is admitted subject to my individual rulings that have otherwise been separately notified.

CATCHWORDS : PRACTICE & PROCEDURE – Expert Code of Conduct – report prepared for plaintiff in 2001 prior to commencement of proceedings substantially reproduced in 2005 as an expert report for use in Court proceedings – where Code not complied with until later report prepared – where defendants object to tender of whole report on basis that expert compromised - whether later report admissible – report admitted

CATEGORY : Procedural and other rulings

CJD Equipment Pty Ltd v A & C Construction Pty Ltd [2009] NSWSC 1085 Idoport Pty Ltd v National Australia Bank Limited [2001] NSWSC 995 Investmentsource v Knox Street Apartments [2007] NSWSC 1128 CASES CITED : Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2000-2001) 52 NSWLR 705 NM Rural Enterprises Pty Ltd v Rimanui Farms Limited [2010] NSWSC 921 Ray Fitzpatrick Pty Ltd v Minister for Planning [2007] NSWLEC 791 Sydney South West Area Health Service v MD [2009] NSWCA 343 Tim Barr Pty Ltd v Nauru Gold Coast Pty Ltd [2009] NSWSC 49

NM Rural Enterprises Pty Ltd (Plaintiff) PARTIES : Rimanui Farms Limited (First Defendant) Gil Gil Farming Pty Ltd (Second Defendant) Lloyds Syndicate No 1243 (Third Defendant)

FILE NUMBER(S) : SC 2003/93179