Beslic v MLC Ltd [2015] NSWSC 908

Beslic v MLC Ltd [2015] NSWSC 908

Section 192A of the Evidence Act 1995 (NSW) permits the Court to determine as a preliminary matter whether it is appropriate to give an advance ruling on evidence, and the Court is not required first to hear the evidentiary objections on their merits. In this matter it was premature to decide appropriateness because the second defendant had leave to serve a further report by Mr Klein that might affect the objections, and because the plaintiff had not precisely and informatively identified all evidentiary rulings sought and the reasons for them.

Jurisdiction
Australia
Judgment Date
10 July 2015
Procedural Posture
Notice of Motion for Advance Ruling on Admissibility or Use of Evidence Under S 192 a of the Evidence Act 1995 (nsw) in Insurance Proceedings / Interlocutory Application; Preliminary Consideration of Whether the Court Should Determine the Notice of Motion
Outcome
The Court did not rule at this stage whether it would be appropriate to hear the plaintiff's notice of motion on its merits; the parties were requested to bring in short minutes of order.
Legal Topics
['advance Ruling on Admissibility or Use of Evidence' 'section 192 a of the Evidence Act 1995 (nsw)' 'appropriateness of Advance Evidentiary Ruling' 'case Management' 'expert Evidence' 'affidavit Evidence']
['evidence' 'civil Procedure' 'insurance'] ['advance Ruling on Admissibility or Use of Evidence' 'section 192 a of the Evidence Act 1995 (nsw)' 'appropriateness of Advance Evidentiary Ruling' 'case Management' 'expert Evidence' 'affidavit Evidence']

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Procedural Posture

Notice of Motion for Advance Ruling on Admissibility or Use of Evidence Under S 192 a of the Evidence Act 1995 (nsw) in Insurance Proceedings / Interlocutory Application; Preliminary Consideration of Whether the Court Should Determine the Notice of Motion

Legal Issues

  1. 1 ['Whether the Court may consider first whether it is appropriate to give an advance ruling under s 192A of the Evidence Act 1995 (NSW) before hearing argument on the admissibility issues on their merits.' "Whether it was premature to decide the appropriateness of making advance rulings concerning the first defendant's affidavit evidence and Mr Klein's expert opinion reports." 'Whether the plaintiff had sufficiently identified the precise evidentiary rulings sought and the reasons for them.']

Ratio Decidendi

Section 192A of the Evidence Act 1995 (NSW) permits the Court to determine as a preliminary matter whether it is appropriate to give an advance ruling on evidence, and the Court is not required first to hear the evidentiary objections on their merits. In this matter it was premature to decide appropriateness because the second defendant had leave to serve a further report by Mr Klein that might affect the objections, and because the plaintiff had not precisely and informatively identified all evidentiary rulings sought and the reasons for them.

Court Disposition

The Court did not rule at this stage whether it would be appropriate to hear the plaintiff's notice of motion on its merits; the parties were requested to bring in short minutes of order.

Orders

  • ['The parties are requested to bring in short minutes of order.' 'The orders should include a requirement that the plaintiff provide the identified information after any additional report by Mr Klein is served by the second defendant.' 'Costs should be reserved at this stage.']