Cape York Airlines Pty Ltd v QBE Insurance (Australia) Limited (No. 3)

Cape York Airlines Pty Ltd was involved in a dispute with QBE Insurance (Australia) Limited over the admissibility of expert evidence at trial. The case was heard in the Supreme Court of Queensland, where the defendant sought leave to adduce expert evidence, which the plaintiff objected to. The plaintiff also argued that any order permitting the evidence would be an impermissible variation of a previous order. The court had to determine whether orders could be made to facilitate the adducing of expert evidence and if an extension should be granted for the delivery of an expert report.

The court considered the plaintiff's objections, including the impermissible variation of a previous order, and weighed these against the defendant's need to present expert evidence. It found that the defendant could adduce expert evidence from Mr Gatz regarding specific matters identified in an affidavit. The court also noted that the defendant could not provide a cogent explanation for the non-delivery of the expert report, but ultimately decided to grant the extension for the defendant to deliver the report. The court reserved the costs of the application and requested further input from the parties regarding necessary directions.

The court's decision allowed the defendant to present expert evidence from Mr Gatz at trial, specifically addressing the matters outlined in the affidavit. The costs of the application were reserved pending further input from the parties. The court also directed the parties to provide further necessary directions.