Non-service of surveillance film

Latimer v Day [2015] NSWSC 11 is a decision from early 2015 which appears to have only now been made available on Caselaw (NSW).

The plaintiff claimed damages from the defendant, a neurosurgeon, in relation to spinal surgery performed on the plaintiff’s lower back. The defendant applied ex parte for an order pursuant to rule 31.10(1) Uniform Civil Procedure Rules 2005 (NSW) excusing him from providing certain audio-visual recordings to the plaintiff for inspection prior to the hearing.

The audio-visual material consisted of surveillance recordings made of the plaintiff in which he was shown walking to golf courses and playing golf, washing his car, lawn mowing and other garden tasks.

The application was made ex parte in a closed court and with all details of the application suppressed.

The application was granted, such that the defendant was excused from serving the materials before hearing.

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