|JUDGE:||Horneman-Wren SC DCJ|
|ORDER:||THE COURT ORDERS BY CONSENT:1. Leave is granted pursuant to r. 380 of the UCPR to amend the Statement of Claim.
THE COURT ORDERS:
2. The application for leave pursuant to r. 429 of the UCPR to rely on a report of Brendan McDougall, Engineer, is dismissed.
3. No order as to costs.
|CATCHWORDS:||PROCEDURE – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES – EVIDENCE – where the defendant raised an objection to an expert report sought to be relied on by the plaintiff – where the plaintiff filed an application for an order granting leave to rely on a further expert report – whether leave should be granted – whether an order as to costs should be made.
David Cormack – Brisbane Barrister.