NSW Caselaw
Reported Decision : 3 DCLR (NSW) 381
New South Wales District Court
CITATION: Layland v Foster [2006] NSWDC 31
HEARING DATE(S): 22 August 2006
JUDGMENT DATE: 12 September 2006
EX TEMPORE JUDGMENT DATE : 08/22/2006
JUDGMENT OF: Johnstone DCJ at 1
DECISION: Hearing vacated and adjourned; No order as to costs
CATCHWORDS: EVIDENCE - Admissibility of a report issued under the Motor Accidents Compensation Act 1999 where the MAS assessor is a competent but not compellable witness, and not available to be cross-examined - Civil Procedure Act 2005 s 58: Dictates of Justice - Service of medical reports: r 31.18(1)(c) UCPR - Mere possession of a report by a party is not sufficient, and actual service is required
Motor Accidents Compensation Act 1999 LEGISLATION CITED: Evidence Act 1995: s 135 Civil Procedure Act 2005: s 58 Uniform Civil Procedue Rules (UCPR): r 31.18(1)(c)
CASES CITED: Roach v Page [2003] NSWSC 907 Young v Coupe [2004] NSWSC 546
PARTIES: Bryan Kenneth Layland (Plaintiff) Joshua Foster (Defendant)
FILE NUMBER(S): 1287/2006
COUNSEL: Mr Heazlewood (Plaintiff) Mr Bellew (Defendant)
JUDGMENT
HIS HONOUR: This will be an extempore ruling on a preliminary issue: the admissibility of a medical report issued by an MAS assessor under the Motor Accidents Compensation Act 1999.
1. I was asked to rule on an issue at the commencement of the trial, namely the admissibility of a report of Dr Carr dated 4 February 2005. Dr Carr prepared that report in his capacity as an MAS assessor, for the purposes of an assessment of whole person impairment under the Motor Accidents Compensation Act 1999.
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