Beslic v MLC Ltd (No 2) [2016] NSWSC 746

Beslic v MLC Ltd (No 2) [2016] NSWSC 746

Evidence of MLC underwriters as to their hypothetical actions (state of mind evidence) is admissible and not excluded on principle objections; such evidence is relevant though its probative value is limited and subject to weight to be determined at trial. The court rejects the plaintiff's application to render the evidence inadmissible at trial, and finds deficiencies can be fairly dealt with during cross-examination. Expert evidence by Mr Klein is not to be excluded in limine and its admissibility should be determined by the trial judge when tendered.

Parties
Plaintiff: Damien Beslic; First Defendant: MLC Ltd; Second Defendant: AXA Financial Planning Ltd
Jurisdiction
Australia
Judgment Date
09 June 2016
Procedural Posture
Civil / Interlocutory Application; Evidentiary Ruling
Outcome
Plaintiff's application for advance rulings to exclude affidavits and expert evidence rejected; directions given for parties to bring in short minutes of order for evidentiary rulings.
Legal Topics
Admissibility of Evidence, State of Mind Evidence, Opinion Evidence, Insurance Contracts, Duty of Disclosure, Fraudulent Misrepresentation, Expert Evidence, Computer Forensics
Procedure Evidence Insurance Law Admissibility of Evidence State of Mind Evidence Opinion Evidence Insurance Contracts Duty of Disclosure +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Damien Beslic

Plaintiff

MLC Ltd

First Defendant

AXA Financial Planning Ltd

Second Defendant

Procedural Posture

Civil / Interlocutory Application; Evidentiary Ruling

Legal Issues

  1. 1 Whether affidavits of MLC underwriting witnesses are admissible under the Evidence Act 1995 (NSW)
  2. 2 Whether expert reports by Mr Klein, forensic computer expert, are admissible to establish fabrication of evidence
  3. 3 Whether the general and specific objections to evidence by the plaintiff render evidence inadmissible

Ratio Decidendi

Evidence of MLC underwriters as to their hypothetical actions (state of mind evidence) is admissible and not excluded on principle objections; such evidence is relevant though its probative value is limited and subject to weight to be determined at trial. The court rejects the plaintiff's application to render the evidence inadmissible at trial, and finds deficiencies can be fairly dealt with during cross-examination. Expert evidence by Mr Klein is not to be excluded in limine and its admissibility should be determined by the trial judge when tendered.

Court Disposition

Plaintiff's application for advance rulings to exclude affidavits and expert evidence rejected; directions given for parties to bring in short minutes of order for evidentiary rulings.

Orders

  • Direct the parties to bring in short minutes of order to give effect to the rulings on evidence in this judgment.