● P1 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors; ● P2 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors; ● P3 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors; ● P4 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors; ● P5 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors [2015] NSWSC 698

Supreme Court New South Wales

Medium Neutral Citation: ● P1 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors; ● P2 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors; ● P3 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors; ● P4 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors; ● P5 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors [2015] NSWSC 698 Hearing dates: 2 June 2015 Date of orders: 03 June 2015 Decision date: 03 June 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. The Court declines to make an order under Uniform Civil Procedure Rule 31.19(3) in respect of the report of Dr Tronc dated 28 April 2015 and the supplementary report of Dr Tronc dated 9 May 2015.

2. Costs are reserved. Catchwords: EXPERT REPORT – report served just prior to final hearing – no directions sought for service of expert reports – whether Court should otherwise order under UCPR 31.19(3) – explanation for delay – prejudice occasioned to plaintiffs by rejection of report – report inadmissible – prejudice occasioned to defendants by late service of report.

HELD: Court declines to otherwise order. Legislation Cited: - Civil Liability Act 2002 – Part 3, s 3B(1) - Civil Procedure Act 2005 – s56 - Evidence Act 1995 – s 136 Cases Cited: - Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588 Category: Procedural and other rulings Parties: In 2013/173266, 2013/173275 P1 (Plaintiff 2013/173266) P3 (Plaintiff 2013/173275) Trustees of the Daughters of Our Lady of the Sacred Heart (First Defendant) Ancilla White as Executor of the estate of the late Julian Sharah (Second Defendant) Pauline Compton as executor of the estate of the late Maria Shanahan (Third Defendant) Jane Dalton (Fourth Defendant) Elizabeth Doyle (Fifth Defendant) Marion Whelan (Sixth Defendant) Ancilla White as executor of the estate of the late Berness Claxton (Seventh Defendant)