Paul Herbert Kennedy v Mark Alexander-Erber [2019] NSWDC 388

District Court New South Wales

Medium Neutral Citation: Paul Herbert Kennedy v Mark Alexander-Erber [2019] NSWDC 388 Hearing dates: 2 August 2019 Date of orders: 02 August 2019 Decision date: 02 August 2019 Jurisdiction: Civil Before: Montgomery DCJ Decision: (1) I grant leave to the plaintiff to re‑open its case in chief limited to admission of the evidence of Melanie Jayne Holt by affidavit made by her dated 24 May 2019; (2) I grant leave pursuant to UCPR 31.28(4) for the plaintiff to serve and rely upon the affidavit of Melanie Jayne Holt sworn 24 May 2019. Such service to occur within four days of today's date; (3) I direct the defendant to serve any lay evidence in reply to the expert opinion of Ms Holt on or before 26 August 2019; (4) I direct the defendant to serve any expert opinion evidence in reply to the evidence of Ms Holt upon which he seeks to rely on or before Monday, 2 September; and (5) I return the matter before me part‑heard on Thursday, 10 October 2019, estimate one day‑plus. Catchwords: Leave to re-open before reserve for judgment - "exceptional circumstances" under UCPR r 31.28(4) Legislation Cited: Civil Procedure Act 2005 (NSW)

Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Youssef Taouk and Najibi Taouk v Najib Louis (No 1) [2014] NSWSC 656 Smith v New South Wales Bar Association (1992) 176 CLR 256; [1992] HCA 36. Category: Procedural and other rulings Parties: Paul Herbert Kennedy (plaintiff)