Mallegowda v Sood [2019] NSWCA 37

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mallegowda v Sood [2019] NSWCA 37 Hearing dates: 20 February 2019 Date of orders: 20 February 2019 Decision date: 05 March 2019 Before: Gleeson JA; McCallum JA Decision: The summons seeking leave to appeal is dismissed with costs. Catchwords: CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – whether primary judge erred in admitting into evidence expert report based on documents produced under subpoena – whether subpoena should not have been issued without leave prior to close of pleadings – whether primary judge erred in applying test in Webb v Bloch – whether primary judge erred in giving insufficient weight to oral testimony of expert witnesses – whether appeal has sufficient prospects of success Legislation Cited: Defamation Act 1974 (NSW), s 7A District Court Act 1973 (NSW), s 127(20)(c) Uniform Civil Procedure Rules 2005 (NSW), r 7.3 Cases Cited: Capital Securities XV Pty Ltd (formerly known as Prime Capital Securities Pty Ltd) v Calleja [2018] NSWCA 26 Dank v Cronulla Sutherland District Rugby League Football Club [2014] NSWCA 288 Joseph v Spiller [2011] 1 AC 852 Mallegowda v Sood [2013] NSWDC 98 Mallegowda v Sood (No 6) [2018] NSWDC 281 Prothontory of the Supreme Court of New South Wales v Mallegowda [2016] NSWSC 1087 Scott v Jones [2003] NSWSC169 Webb v Bloch (1928) 41 CLR 331; [1928] HCA 50 Category: Procedural and other rulings Parties: Shashikanth Mallegowda (applicant) Amit Sood (first respondent) Naveen Lingaiah (second respondent) Representation: Counsel: Applicant self-represented Bruce Connell (respondents)