Schofield v Serenity 5 Pty Ltd [2017] NSWSC 1168

Supreme Court New South Wales

Medium Neutral Citation: Schofield v Serenity 5 Pty Ltd [2017] NSWSC 1168 Hearing dates: 31 August 2017 Date of orders: 31 August 2017 Decision date: 01 September 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Leave to rely on expert reports granted. Hearing dates vacated. Parties to confer as to a further timetable and as to the appropriate costs order. Catchwords: PROCEDURE – personal injury – notice of motion – expert reports – order sought for expert reports to be excluded from being admitted at the hearing and in the alternative, the hearing be vacated – Rule 31.28 of the Uniform Civil Procedure Rules 2005 (NSW) – exceptional circumstances – leave sought to rely on expert reports granted – hearing dates vacated – costs – reasons Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ho v Professional Services Review Committee No 295 [2007] FCA 388 Oreb v Willcock (2005) 146 FCR 237; [2005] FCAFC 196 San v Rumble (No 2) [2007] NSWCA 259 Category: Procedural and other rulings Parties: Phillip Stanley Schofield (Plaintiff) Serenity 5 Pty Ltd (Defendant) Representation: Counsel: Mr SE McCarthy, counsel (Plaintiff) Mr N Polin SC (Defendant)

Solicitors: Shine Lawyers (Plaintiff) Moray & Agnew Lawyers (Defendant) File Number(s): 2014/371744 Publication restriction: None