MM v CR

MM commenced proceedings against CR and another defendant, alleging sexual battery of a student while MM was a teacher. The case was listed to be heard over five days beginning on 8 September 2025. MM applied to vacate the hearing date on the basis that she had not briefed an expert in a timely fashion. MM's solicitors had not briefed an expert because of a mix-up in their office. The court was required to consider whether the failure to brief an expert was attributable to MM personally or to her solicitors. The court also needed to consider whether it was in the interests of justice to vacate the hearing date.

The court held that the failure to brief an expert in a timely fashion was due to MM's solicitors, not MM personally. The court found that it was in the interests of justice to vacate the hearing as MM was not to blame for the delay. The court ordered that the hearing be vacated and rescheduled for 13 July 2026. The court also ordered that MM pay the first defendant's costs of the application and the first defendant's costs thrown away by the vacation of the hearing date. The court ordered that MM file and serve any expert liability report by 10 October 2025 and that the defendants file and serve any responsive expert liability report by 12 December 2025. The court ordered that MM pay the second defendant's costs of such matters as agreed. The court ordered that the Standard Orders for Hearing apply and that liberty to apply on 2 business days’ notice be granted. The court ordered that Exhibit A on the application be returned to MM.