First Class Securities Pty Limited v R Neuhaus

First Class Securities Pty Limited sought an extension of time to serve and rely on an affidavit from an expert witness, which was out of time. The case was heard by the Supreme Court of Victoria. The primary issue before the court was whether the affidavit, which sought to address the non-compliance of an expert report with the expert witness code of conduct, could be admitted despite being served late. A secondary issue was whether the expert report contained incurable defects that rendered the affidavit futile.

The court considered the circumstances under which the affidavit was served late and the potential utility of granting leave for its admission. It examined the requirements of the expert witness code of conduct and the defects in the expert report. The court determined that the affidavit did not remedy the incurable defects in the expert report, and therefore, there was no utility in granting leave to serve and rely on the affidavit out of time. Consequently, the application was dismissed.

The Supreme Court of Victoria held that the application to serve and rely on the affidavit out of time was denied. The court found that the expert report contained incurable defects and that the affidavit did not address these issues effectively. The late service of the affidavit did not change the fundamental flaws in the expert evidence, and therefore, the application was dismissed.