SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Greentree v Sew Simple Australia Pty Limited |
Citation: | [2021] ACTSC 66 |
Hearing Date: | 9 April 2021 |
Decision Date: | 20 April 2021 |
Before: | McWilliam AsJ |
Decision: | See [57] |
Catchwords: | PRACTICE & PROCEDURE – EXPERT EVIDENCE – Whether leave should be granted to rely on expert reports served late – where plaintiff required further surgery after orders for serving expert evidence were made – where plaintiff failed to communicate the need to serve further evidence with defendant – whether exceptional circumstances |
Legislation Cited: | Court Procedures Rules 2006 (ACT) rr 1205, 1241 |
Cases Cited: | Steed v McGougall and Anor [2018] ACTSC 233 Theodorelos v Nexus Projects Pty Ltd [2009] ACTSC 149 |
Parties: | Debra Ann Greentree (Plaintiff) Sew Simple Australia Pty Limited (ACN 008 587 326) (Defendant) |
Representation: | Counsel J Ronald (Plaintiff) S Bryson (Defendant) |
| Solicitors Blumers (Plaintiff) Moray & Agnew (Defendant) | |
File Number: | SC 401 of 2018 |
McWilliam AsJ:
The plaintiff has brought a claim in negligence against her employer, the defendant. The plaintiff alleges that on 9 June 2016 she was injured when lifting a sewing machine in the course of carrying out her duties at work. The substantive proceedings are listed for hearing on 10 May 2021.
By the present application dated 2 March 2021, the plaintiff seeks leave to rely upon further expert evidence at the hearing, which has been served out of time. The plaintiff seeks to rely on the following four medical reports:
(a)Report of Professor Stevens, psychologist, dated 18 December 2020 (the Stevens Report), served on 12 January 2021;
(b)Report of Dr Beer, orthopaedic surgeon, dated 8 February 2021 (the Beer Report) served on 10 February 2021;
(c)Report of Mr Woolley, occupational therapist, dated 18 February 2021 (the Woolley Report) served on 24 February 2021; and
(d)Report of Dr Buckley, pain specialist, dated 11 February 2021 (the Buckley Report), served on 1 March 2021.
The matter has been listed for hearing since 17 December 2020. At that time, the Court ordered that updated medical reports were to be served within 14 days of receipt, and that any service of primary medical evidence not served to date would require a formal application in proceeding to be made if not agreed by the parties.
The four reports that are the subject of this application are not updating evidence, nor does the defendant consent to any of the reports being admitted at the hearing. Accordingly, a formal application has been made to rely upon the evidence, and the Court must determine whether to grant leave to the plaintiff to do so. It has been convenient to the parties to have the Court determine the issue in advance of the hearing.
In support of the application, the plaintiff relied upon two affidavits of her solicitor, and a bundle of correspondence which included each of the four expert reports. No affidavit evidence was relied upon by the…
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- Case
- [2021] ACTSC 66
- Decision Date
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Orders
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