Hannaford v Farquhar

The parties involved in Hannaford v Farquhar were Hannaford, the plaintiff, and Farquhar, the defendant. The dispute centred around a professional negligence claim arising from events that occurred in 2011. The case was heard in the Supreme Court of Queensland. Hannaford sought to introduce expert evidence that was not previously disclosed, just two and a half weeks before the scheduled hearing. This late application was opposed by Farquhar on the grounds of the unexplained delay and the potential prejudice to the defendant.

The central legal issues that the court had to resolve were whether the late application to rely on the expert evidence should be permitted and, if so, under what conditions. The court needed to consider the principles governing the introduction of late evidence and whether the application was made in good faith. The court also had to weigh the importance of the evidence against the potential prejudice to the opposing party.

The court found that Hannaford's application to introduce the expert evidence was made in good faith and without any ulterior motive. The court also determined that the evidence was relevant and could potentially affect the outcome of the case. However, the court emphasised that such applications should not be taken lightly, and there must be a compelling reason for the delay. The court granted the application but imposed strict conditions to ensure that the defendant was not unduly prejudiced. The court's decision was based on the balance of convenience and the need to achieve a just outcome.

The final orders of the court allowed Hannaford to rely on the expert evidence, subject to certain conditions. The court ordered that the expert report be provided to the defendant and that the defendant be given a reasonable opportunity to respond. The court also ordered that any additional costs associated with the late application be borne by Hannaford. The hearing proceeded as scheduled, with the new evidence considered in the context of the overall case.