Hannam v State of New South Wales (No 3)

In the matter of Hannam v State of New South Wales, the respondent sought an extension of time to serve an expert report and witness statement. The case was heard by the Supreme Court of New South Wales. The dispute centred around the respondent's request for an extension beyond the statutory deadline for the service of these documents, as well as a request for indemnity costs due to the applicant's delay in serving the expert report.

The legal issues before the court involved whether the respondent had exceptional circumstances warranting an extension of time and whether it was in the interests of justice to grant such an extension. Additionally, the court needed to determine if the applicant's delay warranted the imposition of indemnity costs on the respondent, despite the general rule that costs follow the event.

The court found that the respondent had not demonstrated exceptional circumstances that warranted an extension of time for the service of the expert report and witness statement. The court emphasised that while the respondent had made a late application for the extension, this did not constitute exceptional circumstances on its own. Moreover, the court determined that the applicant's delay in serving the expert report did not warrant an order for indemnity costs. The court held that the applicant's conduct did not justify such an award under the circumstances of the case.

The Supreme Court refused the respondent's application for an extension of time and dismissed the application for indemnity costs.