Advanced Concrete Sealing (NSW) Pty Ltd v Ennis Traffic Safety Solutions Pty Ltd [2017] NSWSC 228

Supreme Court New South Wales

Medium Neutral Citation: Advanced Concrete Sealing (NSW) Pty Ltd v Ennis Traffic Safety Solutions Pty Ltd [2017] NSWSC 228 Hearing dates: 5 October 2016 Date of orders: 13 March 2017 Decision date: 13 March 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders:

(1) Leave to appeal is granted.

(2) The appeal is dismissed.

(3) The decision of Magistrate Wilson dated 18 December 2015 is affirmed.

(4) The amended summons filed 5 October 2016 is dismissed.

(5) The plaintiff is to pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: APPEAL – Local Court – exclusion of expert report – discounting expert evidence - court timetable – cross claim – Local Court Act Legislation Cited: Civil Procedure Act 2005 (NSW) ss 21, 100 Competition and Consumer Act 2010 (Cth) sch 2 Evidence Act 1995 (NSW) s 79 Local Court Act 2007 (NSW) ss 39, 40, 41 Cases Cited: Aon Risk Services Australia v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Browne v Dunn (1894) 6 R 67 Colorado Products Pty Limited (in provisional liquidation) [2014] NSWSC 789 Golden v V'Landys [2015] NSWSC 1589 Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 McGinn v Ashfield Council [2012] NSWCA 238 Swain v Waverly Municipal Council [2005] HCA 4; (2005) CLR 517 Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 Category: Principal judgment Parties: Advanced Concrete Sealing (NSW) Pty Ltd (Plaintiff) Ennis Traffic Safety Solutions Pty Ltd (Defendant) Representation: Counsel: RD Marshall SC (Plaintiff) E Collins SC with J Raftery (Defendant)