Sisson v Baiada Poultry Pty Limited [2015] NSWSC 1106

Supreme Court New South Wales

Medium Neutral Citation: Sisson v Baiada Poultry Pty Limited [2015] NSWSC 1106 Hearing dates: 3 August 20155 August 2015 Decision date: 07 August 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The report of Mr Dwyer of 23 June 2015 is not admissible against the first defendant. (2) The report of Mr Dwyer of 23 June 2015 is not admissible against the second defendant. (3) The plaintiff must pay the costs of the first defendant of the motion. Catchwords: EVIDENCE – expert evidence – whether contents of expert report are admissible – whether pre-trial ruling should be made – whether admissibility of expert report is supported by existence of "exceptional circumstances" Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), s 58 Evidence Act 1995 (NSW), s 192A Uniform Civil Procedure Rules 2005 (NSW), r 31.28 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 318(2) Category: Principal judgment Parties: Merrie Sisson (Plaintiff)

Baiada Poultry Pty Ltd (First Defendant) Ready Workforce (a division of Chandler Macleod) Pty Ltd (Second Defendant) Representation: Counsel: G Young (Plaintiff) T Buterin (First Defendant) E Brawn (Second Defendant)

Solicitors: Stacks Goudkamp (Plaintiff) Moray & Agnew (First Defendant) Holman Webb (Second Defendant) File Number(s): 2013/38745