In Bakhit v Hartley Healy Pty Ltd [2024] QSC 88, the defendant sought leave to reopen its case and introduce further evidence in the hearing of separate questions. Sullivan J ruled on 14 May 2024 that the defendant could indeed adduce additional evidence, which included several affidavits. This decision was made under the discretion allowed by r 367(1) of the Uniform Civil Procedure Rules 1999 (Qld). Key considerations included fairness, the relevance of the new evidence, and the absence of material prejudice to the plaintiff. The issues revolved around the proper construction of a release clause within a settlement deed, specifically whether a common law damages claim for personal injuries was released.
The Court had initial submissions that did not entirely address the relevance of s 119 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) until the final day of the trial. The Court found no inordinate delay or unfair prejudice and decided that the defendant’s additional evidence could be admitted for the final adjudication. The determination of cost was reserved until the conclusion of the separate questions.