Mammo v Savills (NSW) Pty Ltd

The case of Mammo v Savills (NSW) Pty Ltd involved a dispute in the New South Wales Supreme Court. The plaintiff, Mammo, sought to rely on expert reports from Mr Ian Burn dated 31 March 2023 and 19 April 2023 during the trial. The defendant, Savills (NSW) Pty Ltd, applied for a guillotine order, which restricted the introduction of new evidence at trial, and sought an advance ruling on the admissibility of the expert reports. The court was required to decide whether the plaintiff could rely on the expert reports in accordance with the guillotine order and, if not, whether the plaintiff's costs should be ordered.

The court examined the timeline of the evidence and the guillotine order, finding that the expert reports were not disclosed within the permitted time frame. The court emphasised the importance of adhering to procedural orders to ensure a fair and efficient trial. The plaintiff did not seek leave to adduce the expert evidence after the guillotine order was made, leading the court to conclude that the expert reports could not be tendered at trial. The court ordered that the plaintiff could not rely on the reports and that the plaintiff pay the defendant's costs of the motion. The question of whether these costs should be borne by the plaintiff's solicitor personally was reserved for later determination.

In summary, the court granted the defendant's application and ruled that the plaintiff could not rely on the expert reports at trial. The plaintiff was ordered to pay the defendant's costs of the motion, with the issue of personal liability for these costs reserved for future consideration.