The Court granted an extension of time under r 1205 of the Court Procedures Rules 2006 (ACT) to permit the plaintiff to rely on a neuropsychiatric expert report served approximately ten months out of time, where the plaintiff's cognitive decline had only become apparent at a mediation and the defendants conceded they could likely obtain responsive evidence before the hearing date. The Court gave no weight to presumptive prejudice where the defendants had themselves withheld a relevant neuropsychological report until the day of the application hearing. Costs were ordered as costs in the cause.
The full text is available to signed-in members.