Stott v Advanta Seeds Pty Ltd - [2020] NSWSC 846

Supreme Court

New South Wales

Medium Neutral Citation: Stott v Advanta Seeds Pty Ltd [2020] NSWSC 846
Hearing dates: 1 July 2020
Decision date: 01 July 2020
Jurisdiction: Common Law
Before: Adamson J
Decision:
1.    The Defendant is granted leave to rely on the following Affidavits and Expert Reports served in this proceeding:
a.   Affidavit of Mr Barry Croker dated 15 June 2020;
b.   Affidavit of Mr George Barnes dated 9 June 2020;
c.   Affidavit of Mr Maxwell Douglas dated 18 June 2020;
d.   Affidavits of Mr Mark Earl dated 10 June 2020;
e.   Affidavit of Mr Timothy Kirby dated 10 June 2020;
f.   Affidavit of Ms Julie Mills dated 9 June 2020;
g.   Two affidavits of Mr Matthew Needham dated 9 June 2020;
h.   Affidavit of Mr Timothy Rathbone dated 16 June 2020;
i.   Expert report of Dr Lindsay Cook dated 12 June 2020;
j.   Expert report of Mr Graeme Smith dated 15 June 2020.
2.   The parties' experts are to confer and engage in a conclave by no later than 8 July 2020. The conclave may occur by telephone.
3.   The parties' experts are to provide a joint report on matters agreed or disagreed and setting out the reasons for their disagreement by no later than 17 July 2020.
4.   The parties, by their respective solicitors, are to communicate to their respective experts by no later 3 July 2020 advising each expert that:
a.   the experts in this matter are instructed to meet in conclave by no later than 8 July 2020. Conclave may occur by telephone.
b.   the experts are to prepare a joint report, setting out the matters agreed or disagreed and providing reasons for their disagreement by no later than 17 July 2020.
5.   The following witnesses are granted leave to appear at the trial of this matter by audio visual link:
a.   Mr Mark Earl;
b.   Mr Matthew Needham;
c.   Ms Susanne Wuersching;
d.   Mr Timothy Rathbone;
e.   Mr George Barnes;
f.   Ms Julie Mills;
g.   Mr Timothy Kirby;
h.   Mr Graeme Smith;
i.   Mr Maxwell Douglas.
6.   Stand the matter over for further directions before me on 20 July 2020 at 9.15am.
7.   Grant liberty to restore on 3 days’ notice to my associate.
8.   Reserve the question of whether the hearing should be adjourned.
9.   Reserve the costs of the defendant’s notice of motion filed on 26 June 2020.

Catchwords:
CIVIL PROCEDURE — Time — Extension of time — where defendant seeks leave to rely on further lay and expert evidence — whether extension ought be granted
CIVIL PROCEDURE — Witnesses — whether witnesses ought be permitted to give evidence by audio-visual link

Category: Procedural and other rulings
Parties: Richard Joseph Stott (First plaintiff)
Cheryl Ann Stott (Second plaintiff)
Advanta Seeds Pty Ltd ACN 010 933 061 (Defendant)
Representation:
Counsel:
G McNally SC (Plaintiffs)
G Sirtes SC / L Judd (Defendant)
Solicitors:
Rural Law with Peter Long (Plaintiffs)
Clifford Gouldson Lawyers (Defendant)

File Number(s): 2016/98131

Judgment

Introduction

By notice of motion filed…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Stott v Advanta Seeds Pty Ltd

Details

AGLC: Stott v Advanta Seeds Pty Ltd [2020] NSWSC 846
Case: [2020] NSWSC 846
Decision Date: 01 July 2020

CaseChat Overview and Summary

The plaintiff, Stott, brought proceedings against Advanta Seeds Pty Ltd in the Federal Circuit Court, seeking damages for breach of contract and negligence. The defendant sought to rely on further lay and expert evidence in their defence, which necessitated an extension of time to file additional evidence. Additionally, the defendant sought permission to have witnesses give evidence via audio-visual link, rather than in person. The court was required to determine whether an extension of time should be granted for the defendant to rely on the further evidence and whether the witnesses could give evidence via audio-visual link.

The court considered the circumstances of the case, including the reasons for the delay in filing the additional evidence and the availability of the witnesses. The court found that the delay was not due to any fault of the defendant and that the evidence was necessary for the defendant to properly defend the proceedings. The court also found that the witnesses were not available to give evidence in person due to circumstances beyond their control. The court concluded that an extension of time should be granted and that the witnesses could give evidence via audio-visual link.

The court granted the defendant leave to rely on the further evidence and to have the witnesses give evidence via audio-visual link. The court also made orders as to costs, including an order that the defendant pay the plaintiff’s costs of the application for the extension of time.

The court's decision in this case provides guidance on the factors that the court will consider when deciding whether to grant an extension of time and to permit witnesses to give evidence via audio-visual link. The court will consider the reasons for the delay, the necessity of the evidence, and the availability of the witnesses. The court will also consider the costs of the application and whether they should be awarded to either party.

Orders