RACQ Insurance Ltd v Motor Accidents Authority of NSW [2014] NSWSC 803

Supreme Court New South Wales

Medium Neutral Citation: RACQ Insurance Ltd v Motor Accidents Authority of NSW [2014] NSWSC 803 Hearing dates: 6 June 2014 Decision date: 06 June 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)I reject the tender of Mr Campbell's affidavits as well as the affidavits of Mr Flanagan. (2)I reject the second report of Dr Ebenezer behind tab 13 of MFI 1 (3)I will admit the three reports of Dr Slezak, the first report of Dr Ebenezer and the report of Dr Burdon as exhibit B. I also admit the report of Dr Ebenezer of 30 March 2011 as exhibit C behind tab 12; and the report of Dr Burdon behind tab 14 as exhibit D. (4)The tender of the other evidentiary material contained within MFI 1 is rejected. Catchwords: EVIDENCE - admissibility - relevance - whether material not appearing on the record relevant for the purposes of judicial review Legislation Cited: Supreme Court Act 1970 (NSW) Cases Cited: Allianz Insurance Limited v Kerr (2012) 60 MVR 194; Easwaralingam v Director of Public Prosecutions [2010] 208 A Crim R 122; Lee Transport Co Ltd v Watson (1940) 64 CLR 1; Reece v Reece (1994) 19 MVR 103 Category: Interlocutory applications Parties: RACQ Insurance Limited (Plaintiff) Motor Accidents Authority of NSW (First Defendant) Richard Buckley (Second Defendant) Erika Rambousek (Third Defendant) Representation: Counsel: Mr A Bowen (Plaintiff) Mr J Rowe with Mr J Darvall (Third Defendant) Solicitors: Lee & Lyons (Plaintiff) Arnold Thomas & Becker (Third Defendant) File Number(s): 2014/00030988