Cook v O'Neill [2013] NSWSC 1592

Supreme Court New South Wales

Medium Neutral Citation: Cook v O'Neill [2013] NSWSC 1592 Hearing dates: 15 August 2013 Decision date: 15 August 2013 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to the plaintiffs to rely on the report of Edmonds & Associates dated 25 July 2013. (2) Dismiss the plaintiffs' notice of motion filed 7 August 2013. (3) Order the plaintiffs to pay the defendant's costs of the motion. Catchwords: PRACTICE AND PROCEDURE-application for leave to rely on expert report- application inconsistent with overriding purpose of Civil Procedure Act Legislation Cited: - Civil Procedure Act 2005, s 56, s 57(1)(a)-(d), s 58(2), s 58(2)(b), s 59 Cases Cited: - AON Risk Services Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Category: Interlocutory applications Parties: Matthew Cook (First Plaintiff) PACT Property Pty Ltd (Second Plaintiff) Tracey Lynn O'Neill (Defendant) Representation: Counsel: EG Romaniuk (Plaintiffs) MJ Darke (Defendant) Solicitors: Edwards Michael Lawyers (Plaintiffs) Yeldham Price O'Brien Lusk (Defendant) File Number(s): 2010/316848

Judgment

Introduction 1The plaintiffs move on a Notice of Motion filed on 7 August 2013 for leave to rely upon a report prepared by Edmonds & Associates dated 25 July 2013. Leave is required because the matter is listed for final hearing to commence on 26 August 2013 for a period of five days. It is common ground that if leave is granted it will be necessary to adjourn the proceedings since the expert report in respect of which leave was sought was served on 25 July 2013 and the defendant has had insufficient time to respond to that report in time for the hearing.