NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Cook v Ulan Coal Mines Ltd [2017] NSWSC 1166 Hearing dates: 19 July 2017 Date of orders: 19 July 2017 Decision date: 19 July 2017 Jurisdiction: Common Law Before: McCallum J Decision: Application for leave to rely upon an expert report served late refused Catchwords: EVIDENCE – experts – application for leave to rely on a report served late – where plaintiff had served the report of an engineer years earlier and defendants had served no report in reply – where defendant served report of an expert engineer just over two months before the hearing date – requirement to establish exceptional circumstances Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58 Cases Cited: Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Harris v Bellemore [2011] NSWCA 196 Harris v Bellemore (Supreme Court (NSW), McCallum J, 28 May 2009, unrep) Category: Procedural and other rulings Parties: Heidi Thea Cook (plaintiff) Mining Management Group Pty Ltd (first defendant) Ulan Coal Mines Ltd (second defendant) Representation: Counsel: G Parker, R Brown (plaintiff) K Ralph (solicitor for the first defendant) M Scott (second defendant)
Solicitors: Stacks Goudkamp Lawyers (plaintiff) HWL Ebsworths (first defendant) Sparke Helmore Lawyers (second defendant) File Number(s): 2014/99558 Publication restriction: None
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