The Court granted an extension of time nunc pro tunc to file late expert reports but vacated the trial date listed four weeks away, holding that the respondents could not reasonably be expected to brief responsive experts and complete trial preparation in the remaining time. The Court confirmed that the Aon Risk Services principles governing late amendments to pleadings apply equally to applications for extension of time to file expert reports in breach of timetabling orders, particularly where the delay risks adjournment or disruption of trial. The applicant's explanation — an honestly but erroneously held belief in a moratorium on timetable orders pending mediation — was found to be unsatisfactory, and the Court characterised the approach to court orders as 'cavalier', though the prejudice of denying the applicant critical evidence ultimately tipped the balance in favour of granting the extension with costs orders to ameliorate prejudice to the respondents.
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