Noelene Jean Martin v Toowoomba Regional Council

Noelene Jean Martin brought a claim against the Toowoomba Regional Council for personal injuries. The dispute centred on whether the Council should be granted leave to adduce and tender a further expert report at trial, which had been served after the deadline specified in rule 429I of the Uniform Civil Procedure Rules 1999. The plaintiff opposed the grant of leave on the basis that the Council's delay was deliberate, and that granting leave would sanction a breach of the Rules. The Court was required to determine whether the Council's delay was deliberate and whether the leave sought should be granted, considering the overarching obligation to ensure that a trial is fair and the purpose of the Rules to facilitate just and expeditious resolution of the real issues.

The Court considered the history of the case, the explanation provided by the Council's solicitor for the delay, and the implications of granting leave. The Court observed that although the delay was significant, the effect could be mitigated by expediting the trial. The Court also noted that the parties had previously accepted the need for further expert evidence. The Court concluded that the overarching obligation to ensure a fair trial outweighed the potential prejudice to the plaintiff and the breach of the Rules. Therefore, the Court found that leave should be granted.

In light of the above, the Court granted the defendant leave to adduce expert evidence from Mr John Postlethwaite and to tender at trial the report of Mr John Postlethwaite dated 13 June 2025. The Court also granted the plaintiff leave to tender at trial the report of Mr Roger Kahler dated 11 July 2023. The Court will hear the parties on costs and further directions.