Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Onepath Life Ltd (formerly ING Life Ltd); Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Allianz Australia Life Insurance Ltd; Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Suncorp Life & Superannuation Ltd [2017] NSWDC 266

District Court New South Wales

Medium Neutral Citation: Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Onepath Life Ltd (formerly ING Life Ltd); Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Allianz Australia Life Insurance Ltd; Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Suncorp Life & Superannuation Ltd [2017] NSWDC 266 Hearing dates: 27 June 2017; 7 September 2017 (final submissions received) Date of orders: 21 September 2017 Decision date: 21 September 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: The application by the defendants for an order that the document referred to in Schedule 1 paragraph 5 to the Further Amended Notice of Motion filed on 26 June 2017 being the extract from the database of the State Border Service of Ukraine be admitted into evidence at the final hearing of the three proceedings is dismissed. Catchwords: Evidence – admissibility of a document apparently extracting Ukraine border entry and exit records – whether the document is a "public document" – whether the foreign government document has been sealed or certified – whether the document is otherwise admissible – whether discretion should be exercised to waive rules of evidence under section 190 of the Evidence Act Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Anthony Hordern & Sons v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 NAB v Rusu (1999) 47 NSWLR 309 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Procedural and other rulings Parties: Sergey Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) (Plaintiff) Onepath Life Ltd (formerly ING Life Ltd.) (Defendant - 2011/00292705) Allianz Australia Life Insurance Ltd (Defendant - 2011/00301247 Suncorp Life & Superannuation Ltd (Defendant - 2011/00304114 Representation: Counsel: P Bingham and D Rayment (Plaintiff) R Cavanagh SC and S Walsh (Defendants)