Commonwealth Bank v Iinvest (No 6) [2017] NSWSC 439

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank v Iinvest (No 6) [2017] NSWSC 439 Hearing dates: 6 February 2017 Date of orders: 06 February 2017 Decision date: 06 February 2017 Jurisdiction: Common Law Before: Campbell J Decision: I propose to admit the second report of 3 February 2017. Catchwords: CIVIL PROCEDURE – expert evidence – experts' reports – whether leave is to be granted for the tender of a supplementary expert report served out of time – consideration of Rule 31.28 of the Uniform Civil Procedure Rules 2005 (NSW) – the meaning of "merely updates" in Rule 31.28 (4)(b) – held that supplementary report merely updates previous report – held that leave is to be granted for the tender of supplementary expert report

EVIDENCE – opinions based on specialised knowledge – s 79 of the Evidence Act 1995 (NSW) – whether opinions are wholly or substantially based on the expert's specialised knowledge – held that opinion based wholly or substantially on expert's specialised knowledge

EVIDENCE – the Court's discretion to grant leave – s 192 of the Evidence Act 1995 (NSW) – whether leave is to be granted for the tender of a supplementary expert report served out of time - held that leave is to be granted for the tender of supplementary expert report Legislation Cited: Ritchie's Uniform Civil Procedure New South Wales Texts Cited: Ritchie's Uniform Civil Procedure New South Wales Category: Procedural and other rulings Parties: James Harker-Mortlock (Applicant) J H M Pty Ltd (Second Applicant)

Iinvest Pty Ltd (in liquidation) (First Respondent) Commonwealth Bank of Australia (Second Respondent) Representation: Counsel: P King (Applicant) Ms Cheeseman SC with J White (Respondent)