Allianz Australia Insurance Limited v Mashaghati

[2017] QCA 127

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Expert evidence
3. › Personal injury proceedings
4. › Disclosure requirements
5. › Fresh expert reports tendered mid-trial
6. › Whether 'special reason' required under UCPR r 548(4)(c)
7. › Whether general discretion under r 427 applicable
8. › Uniform Civil Procedure Rules 1999 (Qld), rr 427, 429, 547, 548, 549
1. Practice and Procedure
2. › Adjournment
3. › Refusal of adjournment
4. › Whether refusal constituted denial of procedural fairness
5. › Where party denied opportunity to obtain responsive expert evidence
1. Appeal and New Trial
2. › New trial
3. › Particular grounds
4. › Improper admission of evidence
5. › Whether admission of non-compliant expert reports affected outcome
6. › Whether denial of procedural fairness warranted retrial
1. Practice and Procedure
2. › Expert evidence
3. › Duty of expert witness
4. › Scope of duty to assist the court
5. › Whether expert has obligation to attend trial on own initiative
6. › Uniform Civil Procedure Rules 1999 (Qld), r 426

Quick Take

In Queensland personal injury proceedings, fresh expert reports not identified in the plaintiff's statement of loss and damage under UCPR r 547 can only be admitted at trial if a 'special reason' is established under r 548(4)(c); the general discretion under r 427 does not apply. The deliberate non-disclosure to an opponent of an intention to have experts observe a party giving evidence, followed by the tender of fresh reports based on those observations, will not constitute a 'special reason' and will likely be characterised as an impermissible forensic ambush. An expert's duty to assist the court under r 426 does not require the expert to attend trial on their own initiative without a retainer.