Noelene Jean Martin v Toowoomba Regional Council
[2025] QSC 197 · Martin SJA
Noelene Martin sued the Toowoomba Regional Council, claiming she fell and was injured in September 2020 while walking on a footpath at Yarraman when an unexpectedly steep kerb ramp caused her to overbalance. She alleged the ramp was built contrary to proper engineering standards, creating a tripping hazard. This particular decision was not a trial of her injury claim but a procedural dispute. The Council wanted to rely on a new expert engineering report that it served well after the deadline for disclosing expert evidence. Ms Martin opposed this, arguing the delay was deliberate and unfair. The judge found there was no deliberate tactic by the Council and that allowing the report served the overriding goal of a fair trial. The court therefore gave the Council permission to use its late report, and also gave Ms Martin permission to tender a further report from her own engineer. Questions of costs and the next steps toward trial were left to be decided later.
Incident & injury
Plaintiff overbalanced and fell while walking from grass footpath onto concrete pathway and kerb ramp due to unexpectedly steep slope of the eastern wing of the kerb ramp
- Incident date
- 3 September 2020
- Location
- Corner of Browne Street and D'Aguilar Highway, Yarraman
Quick facts
- Date of judgment
- 3 September 2025
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The court granted the defendant Council leave to adduce and tender a late expert engineering report (Postlethwaite) despite significant non-compliance with UCPR disclosure timeframes, finding no deliberate ploy and that the interests of a fair trial favoured admission. The plaintiff was also granted leave to tender a further report from her engineer. Costs and further directions were reserved.
Key issues
Noelene Jean Martin v Toowoomba Regional Council [2025] QSC 197
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