Delay no impediment – Plaintiff’s late expert evidence allowed

Date: September 26, 2018


Brown v Daniels & Anor [2018] QSC 209.


Key Points:



The Plaintiff was riding his vintage Harley Davidson when he collided with the passenger side towards the rear of a Ford F250 utility which failed to give way at a T-intersection.

The Defendant attempted to exclude expert engineering evidence which showed:

The Defendant objected to the tender of this expert report on the basis that the Plaintiff failed to comply with Rule 429 of the Queensland UCPR, which sets a time limit for the delivery of the report.

Justice Davis dismissed the Defendant’s objection based on Rule 429 for the following reasons:


Lessons Learned:

The Court’s obligation to ensure a fair trial allows it to exercise discretion to permit expert evidence to be tendered in Court.




Josiah Lee
Direct: +61 (0) 7 3307 5506


Hamish Craib
Direct: +61 (0) 7 3307 5503


Download PDF here:  Brown v Daniels


[1] Allianz Australia Insurance Ltd v Mashaghati (2017) 80 MVR 305; [2017] QCA 127; BC201704427 at [56].

[2] Ibid.

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