J.K. Williams Staff Pty Limited v Sydney Water Corporation [2018] NSWSC 981

Supreme Court New South Wales

Medium Neutral Citation: J.K. Williams Staff Pty Limited v Sydney Water Corporation [2018] NSWSC 981 Hearing dates: 25 June 2018 Date of orders: 25 June 2018 Decision date: 25 June 2018 Jurisdiction: Equity Before: Hallen J Decision: See Paragraph 37 Catchwords: PRACTICE AND PROCEDURE – Review of Registrar's decision under UCPR rule 49.19 on disclosure

EVIDENCE – Expert evidence – dispute between parties as to identity of experts to be appointed – Experts appointed may inform decision of categories of documents that should be made available Legislation Cited: Civil Liability Act 2002 (NSW) Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Limitation Act 1969 (NSW) Sydney Water Act 1994 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: O'Keefe v Water Administration Ministerial Corporation [2010] NSWLEC 9 Category: Procedural and other rulings Parties: J.K. Williams Staff Pty Limited (Plaintiff) Sydney Water Corporation (Defendant) Representation: Counsel:

Mr A C Harding (Plaintiff) Mr S Glascot (Defendant)

Solicitors:

Holman Webb Lawyers (Plaintiff) Makinson d'Apice Lawyers (Defendant) File Number(s): 2017/193481

Judgment – EX TEMPORE (rEVISED)

Introduction 1. HIS HONOUR: Despite the fact that the substantive proceedings were commenced by Summons filed on 28 June 2017, followed by a Statement of Claim filed on 25 August 2017, and a Defence filed on 24 November 2017, the parties continue to be engaged, relentlessly, in a battle concerning the disclosure of documents, and, so it seems to me, more importantly, the identity of the experts to be retained to provide evidence in support of its claims and defences to those claims, without advancing, otherwise, the substantive proceedings. These reasons concern only those two matters.