Kovarfi v BMT & Associates Pty Ltd [2014] NSWSC 89

Kovarfi v BMT & Associates Pty Ltd [2014] NSWSC 89

The reports and certificates from the general practitioners were admissible because s 75 of the Evidence Act 1995 (NSW) provided an exception to the hearsay rule in interlocutory proceedings, and the material was relevant because it tended to prove that there was a triable issue concerning the plaintiff's reliance on disability under s 52 of the Limitation Act.

Jurisdiction
Australia
Judgment Date
14 February 2014
Procedural Posture
Interlocutory Applications / Objection to Admissibility of Affidavit Material in Connection With Summary Dismissal Sought by the Defendants
Outcome
Objection overruled.
Legal Topics
['admissibility' 'hearsay in Interlocutory Proceedings' 'summary Dismissal' 'limitation Period' 'disability Under Limitation Legislation']
['evidence' 'limitation of Actions' 'civil Procedure'] ['admissibility' 'hearsay in Interlocutory Proceedings' 'summary Dismissal' 'limitation Period' 'disability Under Limitation Legislation']

Case Brief

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Procedural Posture

Interlocutory Applications / Objection to Admissibility of Affidavit Material in Connection With Summary Dismissal Sought by the Defendants

Legal Issues

  1. 1 ["Whether reports and certificates from two general practitioners attached to the plaintiff's affidavit were admissible." 'Whether the medical material was relevant to whether there was a triable issue about disability suspending the limitation period under s 52 of the Limitation Act.']

Ratio Decidendi

The reports and certificates from the general practitioners were admissible because s 75 of the Evidence Act 1995 (NSW) provided an exception to the hearsay rule in interlocutory proceedings, and the material was relevant because it tended to prove that there was a triable issue concerning the plaintiff's reliance on disability under s 52 of the Limitation Act.

Court Disposition

Objection overruled.

Orders

  • ['I overrule the objection.']