Prasad v AMP Life Limited; Printer Ribbon Products Pty Ltd v AMP Life Limited [2012] NSWSC 1076

Prasad v AMP Life Limited; Printer Ribbon Products Pty Ltd v AMP Life Limited [2012] NSWSC 1076

The interests of justice require that certain evidence and expert reports be exempted from service on Ms Prasad prior to the plaintiff's case at trial, to prevent potential tailoring of evidence in light of a real basis for suspicion of fraud. However, such evidence may be disclosed to PRP on a confidential basis, and AMP is granted limited leave regarding subpoenas.

Parties
Plaintiff, Respondent: Vanita Prasad; Plaintiff, Respondent: Printer Ribbon Products Pty Ltd; Defendant, Applicant: AMP Life Limited
Jurisdiction
Australia
Judgment Date
11 September 2012
Procedural Posture
Interlocutory Application / Application for Exemption From Service of Documents Prior to Trial
Outcome
Some documents exempted from service
Legal Topics
Exemption From Service of Evidence, Markus Order, Expert Evidence, Subpoena Practice
Civil Procedure Evidence Insurance Law Exemption From Service of Evidence Markus Order Expert Evidence Subpoena Practice

Case Brief

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Parties

Vanita Prasad

Plaintiff, Respondent

Printer Ribbon Products Pty Ltd

Plaintiff, Respondent

AMP Life Limited

Defendant, Applicant

Procedural Posture

Interlocutory Application / Application for Exemption From Service of Documents Prior to Trial

Legal Issues

  1. 1 Whether certain evidence and expert reports should be exempted from service on the plaintiff prior to trial under a Markus order
  2. 2 Whether the defendant should have first access to subpoenaed documents and exemption from serving subpoenas on plaintiffs

Ratio Decidendi

The interests of justice require that certain evidence and expert reports be exempted from service on Ms Prasad prior to the plaintiff's case at trial, to prevent potential tailoring of evidence in light of a real basis for suspicion of fraud. However, such evidence may be disclosed to PRP on a confidential basis, and AMP is granted limited leave regarding subpoenas.

Court Disposition

Some documents exempted from service

Orders

  • Defendant not required to serve certain evidence on Ms Prasad until the close of the plaintiffs' case at trial
  • Such documents to be produced to Printer Ribbon Products Pty Ltd subject to confidentiality undertaking