Kuypers v Ashton Coal Operations Pty Ltd & Anor [2015] NSWSC 1122

Supreme Court New South Wales

Medium Neutral Citation: Kuypers v Ashton Coal Operations Pty Ltd & Anor [2015] NSWSC 1122 Hearing dates: 4 & 5 August 2015 (Evidence on Commission); 7 August 2015 Date of orders: 07 August 2015 Decision date: 07 August 2015 Jurisdiction: Common Law Before: Campbell J Decision: I permit the second defendant to rely upon the evidence of Mr Lance Martin and Mr Roger Lord to the extent to which it may be ruled admissible in due course. I give the plaintiff leave to file the further amended statement of claim dated 30 July 2015 in court and to rely upon it for the purpose of the case. Catchwords: PROCEDURE – civil – application for leave to rely on additional expert reports – where non-compliance with directions previously made – application of overriding efficiency principles Legislation Cited: Civil Procedure Act 2005 (NSW); Evidence Act 1995 (NSW); Water Act 1912 (NSW) Texts Cited: Practice Note SC CL 5 Category: Procedural and other rulings Parties: Benjamin Kuypers (Plaintiff) Ashton Coal Operations (First defendant) Silver City Drilling (NSW) Pty Ltd (Second defendant) Representation: Counsel: B. Dooley SC with M. Perry (Plaintiff); R.A. Cavanagh SC with Ms D.J. Dinkha (First defendant); A.R. Harris QC with I.D. Roberts SC and S.L.C. Flett (Second defendant)

Solicitors: Taylor & Scott Lawyers (Plaintiff); Curwoods Lawyers (First defendant); Lee Legal Group (Second defendant) File Number(s): 2012/393861