Cobanov v Josifovski

The case of Cobanov v Josifovski involves the plaintiffs, Cobanov and another, seeking to serve an expert report on the defendant, Josifovski, in relation to proceedings that include allegations of fraud and deceit. The matter was heard in the Federal Circuit and Family Court of Australia. The plaintiffs sought leave to serve the expert report outside the usual timeframe, arguing that exceptional circumstances justified an extension.

The legal issues before the court included whether the plaintiffs had demonstrated exceptional circumstances that warranted the grant of leave to serve the expert report outside the prescribed time limits. The court had to consider the plaintiffs' reasons for the delay and whether there was any justification or excuse for the late service of the expert report. Furthermore, the court needed to evaluate whether the late service of the expert report would cause any prejudice to the defendant.

The court found that the plaintiffs had not demonstrated exceptional circumstances warranting the extension of the time limit for serving the expert report. The plaintiffs' reasons for the delay were insufficient, and there was no justification for the late service. The court concluded that the late service would likely prejudice the defendant, who had already faced delays due to the plaintiffs' actions. Consequently, the plaintiffs' application to serve the expert report outside the usual timeframe was dismissed, with costs awarded against the plaintiffs.