RILEY v TOWER LIFE AUSTRALIA LTD [1998] NSWCA 185

RILEY v TOWER LIFE AUSTRALIA LTD [1998] NSWCA 185

Discovery was refused because the appellant failed to demonstrate the probable existence of the documents sought and those documents are of the type a defendant is ordinarily entitled to keep confidential for use at trial; the appellant was not under evidentiary disadvantage.

Parties
Appellant: Riley; Respondent: Tower Life Australia Ltd
Jurisdiction
Australia
Judgment Date
16 December 1998
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Discovery, Disability Insurance
Civil Procedure Discovery Disability Insurance

Case Brief

Summary, issues, holding and outcome

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Parties

Riley

Appellant

Tower Life Australia Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to discovery of certain classes of documents under Pt23 r3 of the Supreme Court Rules
  2. 2 Whether such documents are of a type which a defendant is entitled to keep confidential for use at trial

Ratio Decidendi

Discovery was refused because the appellant failed to demonstrate the probable existence of the documents sought and those documents are of the type a defendant is ordinarily entitled to keep confidential for use at trial; the appellant was not under evidentiary disadvantage.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs