Ellis v Cavell & Ors [1990] QSC 143

10 20 30 40 so 60 IN THE SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION BEFORE MR. JUSTICE KELLY S.P.J BRISBANE, 4 APRIL 1990 No. 3726 of 1988 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter,Court Reporting Bureau.) BETWEEN: CLIVE LESTER ELLIS -and- TONY CAVELL -and- PAUL BOBBIEMAN -and- FAI GENERAL INSURANCE CO. LTD ORDER Plaintiff First Defendant Second Defendant Defendantby election HIS HONOUR: An application has been made by the defendant by election for adjournment of this trial. The reason for the application is a change in the basis on which economic loss is being claimed; whereas previously the claim was some $270,000, it is now something over one million and this is based on a report of an accountant which was received by the defendants' solicitors only yesterday and as to which quite understandably there has been no reasonable ppportunity of proper examination. It is clear, of course, that there has been non-compliance with the relevant provisions of Order 39, -Govt. Printer, Old. 1 10 20 30 40 50 60 -- 1 of 2 -- 10 20 30 40 50 60 Rule 29 and it goes without saying that to produce a document of this nature at this very, very late stage, some considerable time after a trial date has been allocated, is, I might say, quite unpardonable. In my view, it is not really to the point that much of the material upon which reliance is placed in the report is to be found in taxation returns which have already been made available. The plain fact is that, as I would see it on what I have been told, a complete change has been made in the approach now being made by the plaintiff to the calculation of his economic loss and it would be quite unreasonable to foresee the defendant to go to trial in that state of affairs. Consequently, there .is no- practical alternative, as I would see it, to adjourning the matter to the callover list and what I propose to do is to order that the trial be adjourned to the callover list to be placed in its original position on that list and I do so order. I order that the costs of today's hearing to be taxed be paid by the plaintiff to the defendant by election. -Govt. Printer, Old. 2 10 20 30 40 50 60 -- 2 of 2 --