Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham [2012] NSWSC 266

Supreme Court New South Wales

Medium Neutral Citation: Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham [2012] NSWSC 266 Hearing dates: 13 March 2012 to 20 March 2012 Decision date: 20 March 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Leave to read expert report for purposes of earlier order of Court and UCPR r 31.28 not granted. Catchwords: EVIDENCE - Expert evidence - Expert's reports - Rules of court as to admissibility of expert's reports - Rule 31.28 of Uniform Civil Procedure Rules 2005 (NSW) - Application for leave to rely on further expert evidence after orders of the Court directed that the Plaintiff not be entitled to rely on further expert evidence without leave of the Court - Whether leave should be granted - Whether "exceptional circumstances" exist supporting the admissibility of expert's reports - Whether real prejudice exists preventing the admission of expert's reports. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56-58 - Uniform Civil Procedure Rules 2005 (NSW) rr 31.28, 31.28(3), 31.28(4) Cases Cited: - San v Rumble (No 2) [2007] NSWCA 259 - State of New South Wales v Tyszyk [2008] NSWCA 107 - Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Category: Interlocutory applications Parties: Dolores Correa (First Plaintiff) The Spanish Club Limited (subject to Deed of Company Arrangement) (Second Plaintiff) Kenneth Michael Whittingham (Defendant) Representation: Counsel: V.R.W. Gray/M. Stevens (Plaintiffs) S.D. Robb QC/N. Bearup (Defendants) Solicitors: Somerset Ryckmans (Plaintiffs) Norton Rose Group (Defendants) File Number(s): 09/290732