NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Jones v Murrumbidgee Irrigation Limited [2019] NSWSC 1228 Hearing dates: 16 September 2019 Date of orders: 17 September 2019 Decision date: 17 September 2019 Jurisdiction: Common Law Before: Wright J Decision: The 29 July 2011 report of EAL Consulting Services is not admitted in evidence in these proceedings. Catchwords: EVIDENCE – Expert evidence – Report not complying with requirements in r 31.23 Uniform Civil Procedure Rules 2005 (NSW) - Whether the Court should otherwise order the report be admitted pursuant to rule 31.23(3) of the Uniform Civil Procedure Rules 2005 (NSW) – Report not adopted by authors by signature or subsequent evidence – Report expressly identified as preliminary and "intended for the sole use of the client" – Report not admitted in evidence Legislation Cited: Civil Procedure Rules 2005 (NSW) Evidence Act 1995 (NSW) Cases Cited: Hodder Rook & Associates Pty Ltd v Genworth Financial Mortgage Insurance Pty Ltd [2011] NSWCA 279 Investmentsource v Knox Street Apartments [2007] NSWSC 1128 Category: Procedural and other rulings Parties: Sally Patricia Jones (First Plaintiff) Yambiana Pty Ltd trading as Yambiana Australia (Second Plaintiff) Murrumbidgee Irrigation Limited (Defendant) Representation: Counsel: M Scott and M Connor (Plaintiffs) J Steele and J Thompson (Defendant)
Solicitors: Mackenzie & Vardanega (Plaintiff) Thompson Cooper Lawyers (Defendant) File Number(s): 2015/337197
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