Oates v. Cootes Tanker Service Pty Ltd & Anor

The Supreme Court of Queensland heard a case involving Brett Andrew Oates, who was suing Cootes Tanker Service Pty Ltd and The Shell Company of Australia Limited for damages related to back injuries and psychiatric sequelae. The defendants objected to the tender of oral evidence from Dr McKay, the plaintiff's general practitioner, regarding visits in and around September 2004 and subsequent treatment. The defendants argued that the plaintiff should not be allowed to introduce this evidence, which was not in written form, as it contravened the rules of court.

The primary legal issue before the court was whether the plaintiff could introduce oral evidence from Dr McKay that was not documented in a report, and if so, whether such evidence could be admitted under the rules of court. The court had to decide whether the absence of a written report constituted a breach of the rules, and if not, whether special leave was required for the introduction of such evidence.

The court determined that the absence of a written report did not constitute a breach of the rules if there was no intention to rely on such evidence at the time the request for trial date was filed. The court found that the plaintiff's intention to introduce this evidence was formed in response to a videotape produced by the defendants during the trial. The court further held that special leave was necessary under rule 548(4)(c) because the need for the evidence arose only during the trial in response to the videotape, which the defendants had not disclosed and had kept secret. The court granted leave under rule 548(4)(c) for the adduction of this evidence. Additionally, the court considered whether the evidence could be introduced under rule 427, which allows an expert to give evidence by report. The court concluded that the evidence could be introduced under rule 427(4)(b) as it related to issues that first emerged in the course of the trial.

The court overruled the objection and allowed the plaintiff to introduce oral evidence from Dr McKay.