Henderikus Zandstra v Peter Samuel Smith [2011] NSWSC 855

Supreme Court New South Wales

Medium Neutral Citation: Henderikus Zandstra v Peter Samuel Smith [2011] NSWSC 855 Hearing dates: 17/06/2011 Decision date: 17 June 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Cross-claimants permitted to adduce evidence from expert witness at hearing. Catchwords: PRACTICE AND PROCEDURE - Expert evidence - cross-claimant seeks direction to adduce expert evidence at trial - cross-defendant contends expert evidence is suboptimal - not impossible that evidence will be of use at trial - no evidence that evidence caught cross-defendant by surprise - obligation of cross-defendant as much as cross-claimant to seek direction - report served almost concurrently with joinder of cross-defendants - no evidence of prejudice - direction made. Legislation Cited: (NSW) Uniform Civil Procedure Rules, r 31.19 Category: Interlocutory applications Parties: Henderikus Zandstra (plaintiff/first cross-defendant) Peter Samuel Smith (first defendant/cross-claimant) Wayne Smith (second defendant/cross-claimant) John Smith (third defendant/cross-claimant) Street Quinn P/L (second cross-defendant) Phillip Abner Balding (third cross-defendant) Representation: Counsel: Mr Rickard (plaintiff/first cross-defendant) Mr Sleight (defendants/cross-claimants) Mr Maroya (second & third cross-defendants) Solicitors: Lees Lawyers (plaintiff/first cross-defendant) Neville & Hourn Legal (defendants/cross-claimants) Colin Biggers & Paisley (second & third cross-defendant) File Number(s): 2008/282311