Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham

[2012] NSWSC 266

Supreme Court of NSW

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For Australian Law.

1. EVIDENCE — Expert evidence — Expert's reports — Rules of court as to admissibility of expert's reports — Rule 31.28 of Uniform Civil Procedure Rules 2005 (NSW) — Application for leave to rely on further expert evidence after orders of the Court directed that the Plaintiff not be entitled to rely on further expert evidence without leave of the Court — Whether leave should be granted — Whether "exceptional circumstances" exist supporting the admissibility of expert's reports — Whether real prejudice exists preventing the admission of expert's reports.