Warragamba Winery Pty Ltd v State of New South Wales [2011] NSWSC 1118

Supreme Court New South Wales

Medium Neutral Citation: Warragamba Winery Pty Ltd v State of New South Wales [2011] NSWSC 1118 Hearing dates: 14 September 2011 Decision date: 20 September 2011 Jurisdiction: Common Law Before: Harrison J Decision: 1. The defendants are not permitted to rely upon the reports of Mr Woods or Mr Hehir. 2. The defendants to pay the costs of this application forthwith on the ordinary basis. Catchwords: PROCEDURE - evidence - late service of experts' reports - whether reports in reply or raising new issues - whether defendants entitled to rely on reports served in breach of orders - where different case raised on question of point of origin of fire - defendants not entitled to rely on reports Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 State of NSW v Tyszyk [2008] NSWCA 107 Category: Procedural and other rulings Parties: Warragamba Winery Pty Ltd (Plaintiff) State of New South Wales (First Defendant) Sydney Catchment Authority (Second Defendant) Representation: K Odgers (Plaintiffs) L King SC with N Newton (Defendants) McLachlan Chilton (Plaintiffs) General Insurance Law Department (First Defendant) File Number(s): 2005/269559