Gulab Khan v Matthew Rathjen (No. 2) [2016] NSWDC 140

Gulab Khan v Matthew Rathjen (No. 2) [2016] NSWDC 140

Leave is granted because, notwithstanding late service, the defendant had ample notice and adequate opportunity to respond to Dr Hay's report, no prejudice was shown, the medical issues are not unduly complex, and to refuse leave would compromise the just and fair determination of the proceedings; these factors, in combination, constitute exceptional circumstances.

Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Civil / Interlocutory Application for Leave to Adduce Expert Evidence
Outcome
Leave granted to plaintiff to adduce medical report of Dr Peter Hay dated 9 March 2015.
Legal Topics
['expert Evidence' 'leave to Adduce Late Evidence' 'procedural Fairness']
['civil Procedure'] ['expert Evidence' 'leave to Adduce Late Evidence' 'procedural Fairness']

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Procedural Posture

Civil / Interlocutory Application for Leave to Adduce Expert Evidence

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiff to adduce the report of Dr Peter Hay served out of time' "What constitutes 'exceptional circumstances' under Pt 31, r 28(4) of the Uniform Civil Procedure Rules NSW"]

Ratio Decidendi

Leave is granted because, notwithstanding late service, the defendant had ample notice and adequate opportunity to respond to Dr Hay's report, no prejudice was shown, the medical issues are not unduly complex, and to refuse leave would compromise the just and fair determination of the proceedings; these factors, in combination, constitute exceptional circumstances.

Court Disposition

Leave granted to plaintiff to adduce medical report of Dr Peter Hay dated 9 March 2015.

Orders

  • ['Leave be granted pursuant to Part 31, r 28 of the UCPR for the report of Dr Peter Hay dated 9 March 2015 to be adduced into evidence.']