Murphy Operator v Gladstone Ports Corporation (No 7)

In the matter of Murphy Operator Pty Ltd v Gladstone Ports Corporation, the applicant, Murphy Operator, sought to have the requirement to disclose mediation expert reports dispensed with. This proceeding is a group proceeding, and the applicant sought to avoid disclosing the group-wide expert reports prepared for the mediation in accordance with r 212 of the Uniform Civil Procedure Rules 1999 (Qld). The applicant argued that the disclosure of these reports would result in extensive cross-examination of the expert, which would be more burdensome than usual due to the differences between the group-wide reports and the plaintiff-specific reports regarding liability and quantum for the lead plaintiffs. The respondent, Gladstone Ports Corporation, argued that the current regime for the disclosure of expert reports under r 212 of the UCPR is deliberate in its choice in promoting transparency in expert reports and is intended to discourage partisanship in expert reports.

The court was required to decide whether it was in the interests of justice to dispense with the requirement for the group-wide mediation reports to be disclosed. The court considered the arguments presented by both parties and ultimately decided that the requirement to disclose the group-wide expert reports should not be dispensed with. The court found that the differences between the group-wide reports and the plaintiff-specific reports did not necessarily mean that the expert would be exposed to much more extensive cross-examination than usual. Furthermore, the court found that the current regime for the disclosure of expert reports under r 212 of the UCPR was deliberate in its choice in promoting transparency in expert reports and was intended to discourage partisanship in expert reports.

The court dismissed the applicant's application to have the requirement to disclose mediation reports dispensed with. If the parties cannot agree as to the appropriate cost order, then they are to file and serve written submissions on costs as follows: a. The applicants within 7 days herein; and b. The respondent within 14 days herein.