NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners – Strata Plan No. 80751 v AV Jennings (Cammeray) [2018] NSWSC 1080 Hearing dates: 06/07/2018 Date of orders: 06 July 2018 Decision date: 06 July 2018 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Refuse plaintiff leave to rely on report of Dr Scheirs dated 30 June 2018. Reserve question of leave in respect of two reports for further submissions. Otherwise grant plaintiff leave to rely on further affidavits and reports. Catchwords: CIVIL PROCEDURE – application for leave to rely on expert reports and affidavits served out of time – whether in interests of justice to grant leave – where hearing date is upcoming – impractical for defendant to deal with some of the reports in that time – whether hearing date should be vacated – where plaintiff had advance notice of necessity of expert evidence – no satisfactory explanation for delay given – vacation of hearing would create wasted court time – leave partially granted and partially refused. Legislation Cited: Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Category: Procedural and other rulings Parties: The Owners – Strata Plan No. 80751 (Plaintiff) AV Jennings (Cammeray) Pty Ltd (Defendant) Representation: Counsel: DS Weinberger (Plaintiff) S Robertson / M Swanson (Defendant)
Solicitors: Chambers Russell (Plaintiff) Colin Biggers & Paisley Pty Ltd (Defendant) File Number(s): 2015/363177
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