Event and Time
Event Description
- Date of Incident: 20 February 2016
- Context: The incident involved police intervention at a party in Neutral Bay due to a report of a male displaying abnormal behavior after consuming illicit drugs. The plaintiff, Andrew Robert John Hannam, fell from a high balcony in the presence of police following the discharge of a Conducted Electrical Weapon (commonly known as a Taser).
Application and Claims
- Parties Involved:
- Plaintiff: Andrew Robert John Hannam - Defendant: State of New South Wales
- Claims: The plaintiff alleges assault, battery, and negligence causing personal injury due to the police's use of the Taser device leading up to his fall.
Judicial Decisions
- The defendant sought:
1. An extension of time for serving expert reports, specifically from Professor Mark W Kroll. 2. A ruling on the admissibility of the expert reports under s 192A of the Evidence Act 1995 (NSW).
- Outcome:
- Both motions were dismissed. - The defendant was ordered to pay the plaintiff’s costs.
Dispute Points and Legal Basis
Dispute Points
- Defendant's Arguments:
- Delay was partially due to COVID-19's impact on case preparation and the plaintiff's communications. - The expert’s report was necessary for cross-examination.
- Plaintiff's Arguments:
- The defendant's delay was unjustifiable. - The expert report was considered deficient and lacking in clarity regarding “bioelectricity” expertise. - The plaintiff argued that accepting the expert report would result in unfair prejudice against him.