Lambert Leasing Inc v QBE Insurance Australia Ltd [2012] NSWSC 953

Supreme Court New South Wales

Medium Neutral Citation: Lambert Leasing Inc v QBE Insurance Australia Ltd [2012] NSWSC 953 Hearing dates: 3 August 2012 Decision date: 21 August 2012 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: The following passages of Professor Swisher's report are rejected: (1) the last sentence of paragraph 6 (commencing "As I opine below"); (2) paragraph 8; (3) the last sentence of paragraph 10; (4) the first sentence of paragraph 11; (5) the words "The Virginia General Assembly and" in paragraph 11; (6) the second to fourth sentences of paragraph 12; (7) paragraphs 13 to 25 (including the paragraph numbered "12"). Catchwords: EVIDENCE - expert reports - advance ruling - foreign law - content evidence - application evidence - whether inadmissible Legislation Cited: Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Allstate Life Insurance v Australia and New Zealand Banking Group Ltd (No 6) (1996) 64 FCR 79; (1996) 137 ALR 138 Australian Competition and Consumer Commission (ACCC) v Allphones Retail Pty Ltd (No 3) [2009] FCA 1075; (2009) 259 ALR 541 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2012] FCA 185; (2012) 127 ALD 288 Kernahan v ACN 003 134 475 Pty Ltd [2010] NSWSC 51; (2010) NSWLR 452 NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000 [2012] NSWLEC 120 Southern Cross Airports Corp Pty Ltd v Chief Commissioner of State Revenue [2011] NSWSC 349 Welker v Rinehart (No 6) [2012] NSWSC 160 Category: Interlocutory applications Parties: Lambert Leasing Inc (first plaintiff) Saab Aircraft Leasing Inc (second plaintiff) QBE Insurance Australia Ltd (first defendant) Jalgrid Pty Ltd (second defendant) Dramatic Investments Pty Ltd (third defendant) Representation: Counsel: D S Weinberger (plaintiffs) T Brennan (first defendant) J S Emmett (second and third defendants) Solicitors: Awford Legal (plaintiffs) Norton White (first defendant) File Number(s): SC 2011/86506