Kenn v Pickard [2005] NSWLC 18

Local Court of New South Wales

CITATION: Kenn v Pickard [2005] NSWLC 18 JURISDICTION: Civil PARTIES: Robert Kenn Huw Pickard FILE NUMBER: 5895/05 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 09/16/2005 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Notice of Motion - Motor vehicle - Insurance - Inspection and assessment - Evidence Evidence Act 1995 s.166-169 LEGISLATION CITED: Local Courts (Civil Claims) Rules 1988 Pt 20 r7 Uniform Civil Procedure Rules 2005 r23.8 CASES CITED: Evatt v Australian Consolidated Press Ltd (1970) 1NSWR 97 James Tuite & Assoc. - Solicitors REPRESENTATION: Mr P J Gow - Counsel CKB Partners - Solicitors Mr M P Board - Solicitor ORDERS: The Motion should be granted subject to conditions.

Reasons for Decision

1 This matter proceeded before me at the Downing Centre on 18 August 2005. Mr Gow of Counsel appeared for the plaintiff, the respondent to the Motion, and Mr Board Solicitor appeared for the defendant/applicant on the motion. 2 The defendant sought the following orders in the Notice of Motion; 1. The plaintiff comply with the request of the defendant for the plaintiff to make its motor vehicle registration ANL21X (Volvo V70 Wagon) available to the defendant for inspection and assessment pursuant to Pt 20 r7 of the Local Courts (Civil Claims) Rules 1988.

2. In the alternative, the plaintiff comply with the request of the defendant to make his motor vehicle registration ANL21X (Volvo V70 Wagon) available to the defendant for inspection and assessment pursuant to s169 of the Evidence Act.