Stanford v DePuy International Ltd (No 4) [2015] FCA 333

Stanford v DePuy International Ltd (No 4) [2015] FCA 333

The application was refused because allowing the applicants to rely on analysed Registry data inaccessible to other parties under s 124Y would cause fundamental unfairness and prejudice, particularly given late production and inability to test the material.

Jurisdiction
Australia
Judgment Date
10 April 2015
Procedural Posture
Application / Interlocutory Ruling
Outcome
application refused
Legal Topics
['admissibility of Affidavit Evidence' 'non Disclosure Provisions' 'fairness to Parties']
['evidence'] ['admissibility of Affidavit Evidence' 'non Disclosure Provisions' 'fairness to Parties']

Case Brief

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Procedural Posture

Application / Interlocutory Ruling

Legal Issues

  1. 1 ['Whether the balance of paragraphs 90 to 93 of the third affidavit of Professor Graves should be admitted into evidence' 'Whether underlying medical data can be disclosed to parties under s 124Y of the Health Insurance Act 1973 (Cth)']

Ratio Decidendi

The application was refused because allowing the applicants to rely on analysed Registry data inaccessible to other parties under s 124Y would cause fundamental unfairness and prejudice, particularly given late production and inability to test the material.

Court Disposition

application refused

Orders

  • ["The applicants' application to read the balance of paragraphs 90 to 93 of the third affidavit of Professor Graves is refused."]