Cassie Masters by her tutor William Masters v Sydney West Area Health Service [2013] NSWSC 228

Supreme Court New South Wales

Medium Neutral Citation: Cassie Masters by her tutor William Masters v Sydney West Area Health Service [2013] NSWSC 228 Hearing dates: 8 February 2013 Decision date: 27 March 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. On the Plaintiff's Notice of Motion filed 31 July 2012, order that the report of Mr David De Freitas dated 12 June 2012 is inadmissible by reason of failing to comply with r 31.27 UCPR. 2. Dismiss the Defendant's Notice of Motion filed 14 August 2012. Catchwords: PROCEDURE - case management - preliminary rulings on expert evidence - whether expert reports admissible. EVIDENCE - expert evidence - whether reports comply with r 31.27 UCPR - use of photographs - whether expertise needed to interpret. Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Uniform Civil Procedure Rules Cases Cited: Blacktown City Council v Hocking [2008] NSWCA 144 CFS Managed Property Ltd v Valuer-General [2011] NSWLEC 47 Chapman v Chapman [2007] NSWSC 1109 Makita (Aust) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Short v Barrett (Court of Appeal - 5 October 1990 - unreported) Twynam Agricultural Group Pty Ltd v Williams [2012] NSWCA 326 Warren v Gittoes [2009] NSWCA 24 Texts Cited: Bar News, Summer 2012 - 2013 edition, p 56 Category: Interlocutory applications Parties: Cassie Masters by her tutor William Masters (Plaintiff) Sydney West Area Health Service (now known as Nepean Blue Mountains Local Health District) (Defendant) Representation: Counsel: A E Maroya (Plaintiff) S A Woods (Defendant) Solicitors: Maurice Blackburn Lawyers (Plaintiff) Curwoods Legal Services Pty Ltd (Defendant) File Number(s): 2010/105519