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

Dolores Correa and the Spanish Club Limited, in a deed of company arrangement, have brought an action against Kenneth Michael Whittingham. The dispute revolves around the admissibility of expert evidence after the court had previously ruled that the plaintiff was not entitled to rely on further expert evidence without leave from the court. The matter was heard in the Supreme Court of New South Wales.

The central legal issue was whether the court should grant leave for the plaintiff to rely on further expert evidence. The court was required to determine whether exceptional circumstances existed that would support the admissibility of the expert's reports and whether there was real prejudice that would prevent the admission of these reports. The court needed to weigh the circumstances of the case against the general rule that expert evidence should be final and not subject to change without leave.

The court considered the rule 31.28 of the Uniform Civil Procedure Rules 2005 (NSW), which outlines the requirements for admissibility of expert evidence. The plaintiff argued that exceptional circumstances justified the reliance on further expert evidence. However, the court found that the circumstances did not meet the threshold of exceptional circumstances. Additionally, the court determined that there was no real prejudice that would warrant allowing the additional expert evidence. Consequently, the court denied the plaintiff's application for leave to rely on the further expert evidence.

The court's decision was final, and the plaintiff was not granted leave to rely on the additional expert evidence. This ruling reinforces the principle that expert evidence should not be altered post-trial unless there are truly exceptional circumstances and no prejudice to the opposing party.