NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Commonwealth Bank v Iinvest (No 7) [2017] NSWSC 440 Hearing dates: 7 February 2017 Date of orders: 07 February 2017 Decision date: 07 February 2017 Jurisdiction: Common Law Before: Campbell J Decision: The affidavit of Mr Ivey sworn on 19 January 2017 is rejected. Catchwords: PROCEDURE – cross-claimants seek leave to read affidavit annexing expert report – where guillotine order has been made – consideration of Uniform Civil Procedure Rules 2005 (NSW) r 31.28(4) – whether exceptional circumstances exist – whether opinions expressed by the expert are wholly or substantially based upon his branch of specialised knowledge – chartered accountancy and expert valuation – held that the change of a legal advisor is not an exceptional circumstance per se – held that exceptional circumstances have not been established Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Correa v Whittingham [2012] NSWSC 266 San v Rumble (No 2) [2017] NSWCA 259 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)
Solicitors: Roderick Alexander Ian Storie (Applicant) Campbell Hudson (Respondent) File Number(s): 2013/108514
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