Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3:

1. HIS HONOUR: Siosaia Maea was injured in the course of his employment with Bleasdale National Personnel Pty Ltd on 22 January 2019 when he fell through an unguarded manhole into a pit. Mr Maea sued the defendant Acciona Infrastructure Australia Pty Ltd, which he alleged was the design and construction contractor responsible for the Sydney Light Rail Project where he was working. Mr Maea did not sue his employer. The proceedings were commenced by statement of claim filed on 19 January 2022. The defence was filed on 21 November 2022.

2. On 29 August 2023, the defendant was ordered to serve expert evidence by 8 December 2023. It did not do so. On 14 December 2023, the time for the service of the defendant's expert evidence was extended to 25 January 2024. The defendant did not serve any expert liability evidence by that date.

3. At a Status Review before Chen J on 15 November 2024, the defendant sought and obtained, over objection by Mr Maea, orders granting leave to serve any evidentiary statements and expert liability evidence by 20 December 2024. The defendant did not serve any liability evidence by that date. Chen J listed the matter for hearing on 15 September 2025.

4. At a Status Review before Chen J on 28 February 2025, his Honour noted the defendant's intention to serve a further evidentiary statement and expert liability report by the end of March 2025. No further evidentiary statement or expert liability report was served by 31 March 2025.

5. By its notice of motion filed on 1 May 2025, the defendant relevantly moved the Court for orders pursuant to UCPR 1.12, extending until 9 May 2025 the time for the defendant to serve an expert report from Carl Strautins dated 17 April 2025 and the unsigned evidentiary statement of Ashley Coates. The defendant also sought leave pursuant to UCPR 31.28 to rely upon Mr Strautins' expert report. Mr Maea opposes these orders.

6. UCPR 31.28 is as follows:

31.28 Disclosure of experts' reports and hospital reports

(1) Each party must serve experts' reports and hospital reports on each other active party--

(a) in accordance with any order of the court, or

(b) if no such order is in force, in accordance with any relevant practice note, or

(c) if no such order or practice note is in force, not later than 28 days before the date of the hearing at which the report is to be used.

(2) An application to the court for an order under subrule (1) (other than an order solely for abridgment or extension of time) may be made without serving notice of motion.

(3) Except by leave of the court, or by consent of the parties--

(a) an expert's report or hospital report is not admissible unless it has been served in accordance with this rule, and

...

(c) the oral expert evidence in chief of any expert is not admissible unless an expert's report or hospital report served in accordance with this rule contains the substance of the matters sought to be adduced in evidence.

(4) Leave is not to be given as referred to in subrule (3) unless the court is satisfied--

(a) that there are exceptional circumstances that warrant the granting of leave, or

(b) that the report concerned merely updates an earlier version of a report that has been served in accordance with subrule (1).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1972ef90d9ffca88bfd47046)

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