Williams v Coles Supermarkets Australia Pty Limited [2017] NSWSC 1326

Supreme Court New South Wales

Medium Neutral Citation: Williams v Coles Supermarkets Australia Pty Limited [2017] NSWSC 1326 Hearing dates: 25 September 2017, 26 September 2017, 27 September 2017 and 28 September 2017 Date of orders: 03 October 2017 Decision date: 03 October 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Leave sought to rely on four expert reports refused.

The usual order as to costs is that they follow the event. On this application that would be an order in favour of Ms Williams. If the parties wish to be heard further on the question of costs, they will be heard in due course. Catchwords: PROCEDURE – personal injury – expert reports – r 31.28 of the Uniform Civil Procedure Rules 2005 (NSW) – whether leave should be granted to rely on expert reports – existence of exceptional circumstances – effect of misconduct during proceedings – leave refused Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Warragamba Winery Pty Ltd v State of New South Wales [2011] NSWSC 1118 RHG Mortgage Limited v Rosario Ianni [2015] NSWCA 56 Schofield v Serenity 5 Pty Ltd [2017] NSWSC 1168 State of NSW v Tyszyk [2008] NSWCA 107 Category: Procedural and other rulings Parties: Natalie Williams (Plaintiff) Coles Supermarkets Australia Pty Limited (Defendant) Representation: Counsel: Mr A Stone SC with Ms H Wall (Plaintiff) Mr D Priestley SC (Defendant)