Breed v Boral [2020] NSWSC 1000

Breed v Boral [2020] NSWSC 1000

It is in the interests of the elucidation of the truth and a legitimate forensic purpose that the first defendant be relieved from compliance with rule 31.10(1) in relation to the surveillance footage and related material, as such relief will not compromise the expert evidence process and accords with principles established by prior case law.

Parties
Applicant: Boral Resources (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
28 July 2020
Procedural Posture
Civil / Interlocutory Application
Outcome
orders made as sought by the first defendant
Legal Topics
Ex Parte Application, Suppression and Non Publication, Compliance With Procedural Rules, Personal Injury, Admissibility of Surveillance Evidence
Civil Procedure Ex Parte Application Suppression and Non Publication Compliance With Procedural Rules Personal Injury Admissibility of Surveillance Evidence

Case Brief

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Parties

Boral Resources (NSW) Pty Ltd

Applicant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the first defendant should be relieved from strict compliance with rule 31.10 of the Uniform Civil Procedure Rules 2005 (NSW) to tender surveillance evidence without prior inspection by the plaintiff
  2. 2 Whether withholding surveillance evidence serves a legitimate forensic purpose and the interests of justice

Ratio Decidendi

It is in the interests of the elucidation of the truth and a legitimate forensic purpose that the first defendant be relieved from compliance with rule 31.10(1) in relation to the surveillance footage and related material, as such relief will not compromise the expert evidence process and accords with principles established by prior case law.

Court Disposition

orders made as sought by the first defendant

Orders

  • The first defendant is relieved from compliance with rule 31.10(1) of the Uniform Civil Procedure Rules 2005 (NSW) regarding the surveillance footage and Facebook evaluation report.