First Class Securities Pty Limited v R Neuhaus [2019] NSWSC 1261

Supreme Court New South Wales

Medium Neutral Citation: First Class Securities Pty Limited v R Neuhaus [2019] NSWSC 1261 Hearing dates: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: The extension of time sought for an affidavit to be served and relied on not granted. Catchwords: CIVIL PROCEDURE – extension of time – application to serve and rely on affidavit out of time – expert evidence – compliance with expert witness code of conduct – where affidavit seeks to remedy expert report's non-compliance with expert witness code of conduct – where incurable defects in expert report – whether there is utility in granting leave to serve and rely on affidavit out of time. Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW) rr 1.12, 31.23; Sch 7 Cases Cited: - Genworth Financial Mortgage Insurance Pty Limited v Hodder Rook & Associates Pty Ltd [2010] NSWSC 1043 - Hodder Rook & Associates Pty Ltd v Genworth Financial Mortgage Insurance Pty Limited [2011] NSWCA 279 - Investmentsource Corporation Pty Ltd v Knox Street Apartments Pty Ltd [2007] NSWSC 1128 - Welker v Rinehart (No 6) [2012] NSWSC 160 - Wollongong City Council v Ensile Pty Ltd [2008] NSWLEC 154 Texts Cited: - P Taylor, Ritchie's Uniform Civil Procedure New South Wales (LexisNexis, 2019) Category: Procedural and other rulings Parties: First Class Securities Pty Limited (Plaintiff) Rosemarie Neuhaus (Defendant) Representation: Counsel: E T Finnane (Plaintiff) R D Glasson (Defendant)