SW by her tutor TW v MK [2018] NSWDC 504

District Court New South Wales

Medium Neutral Citation: SW by her tutor TW v MK [2018] NSWDC 504 Hearing dates: 18 October 2018 Date of orders: 18 October 2018 Decision date: 18 October 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff's Amended Notice of Motion filed on 18 October 2018 is stood over to the trial with costs served to the trial judge. (2) The plaintiff be allowed to rely upon the report of Dr Rutvowski dated 4 October 2018, served on 10 October 2018. (3) Confirm hearing date of 19 November 2018. (4) Exhibits remain with the file. Catchwords: PRACTICE AND PROCEDURE – Application for a ruling pursuant to s 192A of the Evidence Act 1995 (NSW) on the admissibility of a hospital record setting out details of a conversation between the plaintiff and her solicitor – whether the discretion to make an advance evidentiary ruling should be exercised – whether sufficient information before the court to make such a ruling – trial of proceedings imminent – application stood over to the trial judge Legislation Cited: Evidence Act 1995 (NSW), s 192A Federal Court of Australia Act 1976 (Cth), s 37M Cases Cited: Bailey v Director‑General, Department of Natural Resources [2013] NSWSC 515 Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd [2017] FCA 324 Category: Procedural and other rulings Parties: Plaintiff: SW by her tutor TW Defendant: MK Representation: Counsel: Plaintiff: Mr R S McIlwaine SC / Ms N Compton Defendant: Mr J M Morris SC / Mr A J Parker