Sam Iaali v JV Auto Repairs Pty Limited t/as One Shop Mobile Mechanic; Grace Worldwide (Australia) Pty Ltd v JV Auto Repairs Pty Ltd t/as One Stop Mobile Mechanic [2023] NSWSC 257

Sam Iaali v JV Auto Repairs Pty Limited t/as One Shop Mobile Mechanic; Grace Worldwide (Australia) Pty Ltd v JV Auto Repairs Pty Ltd t/as One Stop Mobile Mechanic [2023] NSWSC 257

Halpin stated the applicable law in New South Wales, and Monteleone supported the view that questions concerning withholding and admissibility of surveillance material are best determined by the trial judge. Because Cavanagh J had already ordered that orthopaedic and psychiatric evidence be adduced in the usual way without conclaves, it was not appropriate to grant leave under UCPR r 31.10 at this stage. The Notice of Motion was therefore stood over to the trial judge to maintain the status quo.

Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Civil Procedure; Procedural Ruling in Related Personal Injury and Workers Compensation Recovery Proceedings / Notice of Motion Seeking to Be Excused From Complying With UCPR R 31.10(1) and Leave Not to Serve Surveillance Footage Until After the Plaintiff Finished Giving Oral Evidence
Outcome
The Notice of Motion was stood over to the trial judge and costs were reserved.
Legal Topics
['service and Disclosure of Surveillance Material' 'ucpr R 31.10' 'expert Reports Under UCPR R 31.28' 'legal Professional Privilege' 'forensic Advantage and Credibility Evidence' 'overriding Purpose Under Civil Procedure Act 2005 (nsw) S 56']
['civil Procedure' 'evidence' 'personal Injury' 'workers Compensation Recovery'] ['service and Disclosure of Surveillance Material' 'ucpr R 31.10' 'expert Reports Under UCPR R 31.28' 'legal Professional Privilege' 'forensic Advantage and Credibility Evidence' 'overriding Purpose Under Civil Procedure Act 2005 (nsw) S 56']

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Procedural Posture

Civil Procedure; Procedural Ruling in Related Personal Injury and Workers Compensation Recovery Proceedings / Notice of Motion Seeking to Be Excused From Complying With UCPR R 31.10(1) and Leave Not to Serve Surveillance Footage Until After the Plaintiff Finished Giving Oral Evidence

Legal Issues

  1. 1 ['Whether the defendant should be excused from complying with UCPR r 31.10(1) in respect of surveillance footage of Mr Iaali.' 'Whether the defendant should be granted leave not to serve the surveillance footage until after Mr Iaali finished giving oral evidence at trial.' 'Whether the question of disclosure and admissibility of the surveillance material should be determined before trial or left to the trial judge.']

Ratio Decidendi

Halpin stated the applicable law in New South Wales, and Monteleone supported the view that questions concerning withholding and admissibility of surveillance material are best determined by the trial judge. Because Cavanagh J had already ordered that orthopaedic and psychiatric evidence be adduced in the usual way without conclaves, it was not appropriate to grant leave under UCPR r 31.10 at this stage. The Notice of Motion was therefore stood over to the trial judge to maintain the status quo.

Court Disposition

The Notice of Motion was stood over to the trial judge and costs were reserved.

Orders

  • ['The Notice of Motion is stood over to the trial judge.' 'Costs are reserved.']