NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Yabsley v MLC Limited [2017] NSWSC 832 Hearing dates: 16 June 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Equity Before: Parker J Decision: Direction made that first plaintiff complete and execute a Power of Attorney in favour of defendant's Saudi Arabian lawyers to obtain access to records of first plaintiff's medical procedure in Saudi Arabia. Plaintiffs to provide executed and completed Power of Attorney document to defendant authorising defendant to request first plaintiff's medical records. Catchwords: Civil Procedure – insurance claim – critical illness benefit – medical records from hospital overseas – subpoena – international comity – Uniform Civil Procedure Rules 2005 (NSW), r 2.1 – order for execution of power of attorney Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 2.1, 11.8AB Cases Cited: Arhill Pty Ltd v General Terminal Co Pty Ltd (1990) 23 NSWLR 545 Merkuloff v Yalisheff [2003] NSWSC 1183 Category: Procedural and other rulings Parties: Michael Yabsley (First Plaintiff) Susan Yabsley (Second Plaintiff) MLC Limited (Defendant) Representation: Counsel: P Clingan (First and Second Plaintiff) JG Duncan (Defendant)
Solicitors: Slater & Gordon Lawyers (First and Second Plaintiff) Norton Rose Fulbright Australia (Defendant) File Number(s): 2015/241480 Publication restriction: Nil
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