SW by her tutor TW v MK [2018] NSWDC 504

SW by her tutor TW v MK [2018] NSWDC 504

The application for an advance evidentiary ruling regarding privilege and admissibility is best left to the trial, as disputed issues of fact about privilege and waiver cannot safely be determined at this interlocutory stage.

Parties
Plaintiff: SW by her tutor TW; Defendant: MK
Jurisdiction
Australia
Judgment Date
18 October 2018
Procedural Posture
Civil / Interlocutory Ruling Prior to Trial
Outcome
The plaintiff's application for an advance evidentiary ruling is stood over to the trial judge; costs to be determined at trial.
Legal Topics
Advance Evidentiary Ruling, Admissibility of Evidence, Legal Professional Privilege, Waiver of Privilege, Case Management
Practice and Procedure Advance Evidentiary Ruling Admissibility of Evidence Legal Professional Privilege Waiver of Privilege Case Management

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Parties

SW by her tutor TW

Plaintiff

MK

Defendant

Procedural Posture

Civil / Interlocutory Ruling Prior to Trial

Legal Issues

  1. 1 Should the court exercise its discretion under s 192A of the Evidence Act 1995 (NSW) to make an advance ruling on the admissibility of a hospital record documenting a conversation between the plaintiff and her solicitor?
  2. 2 Is there sufficient information before the court to determine privilege and waiver regarding the document in question?

Ratio Decidendi

The application for an advance evidentiary ruling regarding privilege and admissibility is best left to the trial, as disputed issues of fact about privilege and waiver cannot safely be determined at this interlocutory stage.

Court Disposition

The plaintiff's application for an advance evidentiary ruling is stood over to the trial judge; costs to be determined at trial.

Orders

  • Plaintiff's Amended Notice of Motion filed on 18 October 2018 is stood over to the trial with costs served to the trial judge.
  • The plaintiff be allowed to rely upon the report of Dr Rutvowski dated 4 October 2018, served on 10 October 2018.