Coal Hub Pty Ltd v NSL Consolidated Ltd [No 3]

The Federal Court was asked to decide if supplementary expert evidence should be excluded in a dispute between Coal Hub Pty Ltd and NSL Consolidated Ltd regarding a coal handling facility. The primary issue was whether the late supplementary expert evidence should be excluded due to its late submission, and if so, whether the exclusion should occur during the trial or at a later stage. A secondary issue was whether the reasons for the report were sufficiently articulated to warrant exclusion.

The court held that the supplementary expert evidence should not be excluded if the reasons for the report were adequately explained. The court emphasised that the focus should be on whether the reasons were sufficiently articulated rather than the timing of the evidence. The court found that the reasons were sufficiently articulated, and therefore, the evidence should not be excluded. The court also ruled that the decision to exclude evidence should be made during the trial rather than at a later stage. This was to ensure that the trial could proceed without unnecessary delays and that the parties could address any issues promptly.

The court's decision provided clarity on the admissibility of late supplementary expert evidence, emphasising the importance of the reasons for the report. The court's ruling that the decision should be made during the trial ensured that the proceedings could continue efficiently. The final orders were that the supplementary expert evidence would not be excluded, and the trial could proceed as planned.