The case Heran v Joseph Douglas Realty Pty Ltd [2024] QDC 104 was an appeal by Stephen Heran against a decision made in the Southport Magistrates Court. Joseph Douglas Realty Pty Ltd had claimed $147,000 under a contract, which Heran disputed, particularly contesting amendments to the contract allegedly made by him. During case management, the Magistrate had refused Heran's request to present expert handwriting evidence crucial for his defence, without providing adequate reasons or properly considering the prejudicial impact on the parties.
Judge Byrne KC DCJ ruled in favour of Heran, stating that the Magistrate failed to exercise proper judicial discretion. The order preventing Heran from relying on the expert evidence was varied, and the case was remanded to allow for the expert testimony to be considered. Additionally, costs of the appeal were awarded to Heran.