Mid Australia Pty Ltd v Around Australia Pty Ltd

Mid Australia Pty Ltd brought an action against Around Australia Pty Ltd in the Supreme Court of Queensland. The plaintiff sought an order dispensing with the defendant's signature on a Request for Trial Date. This request was made on the basis that the defendant had not provided any expert reports concerning the quantum of loss claimed, which was a necessary prerequisite for the case to proceed to trial.

The primary legal issue before the court was whether the plaintiff's application to dispense with the defendant's signature on the Request for Trial Date was justified given the absence of the required expert reports. The court needed to determine if the request was premature and whether it would be appropriate to compel the defendant to provide the necessary reports before proceeding further with the trial arrangements.

The court found that the defendant had not provided the expert reports that were essential for the case to progress. Consequently, the court concluded that the request for a trial date was premature and ordered the defendant to provide any expert reports they intended to rely upon within 28 days of receiving the court's order. Additionally, the court mandated that the defendant sign and return the Request for Trial Date within 7 days of serving the expert report on the plaintiff, or 28 days from the receipt of the court's order if no report was provided. The court also ordered the defendant to pay half of the plaintiff's costs associated with the application.