Hooper v Coolwater Constructions Pty Ltd [2019] NSWDC 253

District Court New South Wales

Medium Neutral Citation: Hooper v Coolwater Constructions Pty Ltd [2019] NSWDC 253 Hearing dates: 11 June 2019 Date of orders: 12 June 2019 Decision date: 12 June 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiffs to file and serve a schedule identifying each part of the evidence which is claimed to be in reply by 25 June 2019. (2) The defendant to file and serve a response to the plaintiffs' schedule by 9 July 2019. (3) The experts attend a conclave and prepare a joint expert report by 22 July 2019. (4) Plaintiff's notice of motion filed on 24 May 2019 dismissed. (5) Plaintiffs pay the defendant's costs of the notice of motion on an indemnity basis. (6) Confirm the hearing date in the sittings commencing 29 July 2019. (7) Any request for cross-examination of the experts is to be made two days within receipt of the conclave report, and if the experts are to give evidence by AVL, the court must be informed. Catchwords: PRACTICE AND PROCEDURE – case and trial management in circuit courts - plaintiffs bring application to rely on late-served lay and expert evidence in proceedings set down for trial in next country circuit sittings – parties previously agreed only lay evidence in reply permitted – plaintiff seeks to go behind the agreement noted by the court as the basis for the hearing date allocation – no evidence of "exceptional" circumstances warranting late service of expert report – notice of motion dismissed with costs on an indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW), s 61 Uniform Civil Procedure Rules 2005 (NSW), r 31.28 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Procedural and other rulings Parties: First Plaintiff: Angela Louise Hooper Second Plaintiff: Phillip John Hooper Defendant: Coolwater Constructions Pty Ltd (ACN 141 648 115) Representation: Counsel: Plaintiffs: Mr M Weightman Defendant: Ms M Skinner (solicitor)