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Evidence, surveillance

 Azar v Kathirgamalingan [2011] NSWDC 56.  Truss J.  18.03.11

Her Honour quoted from Halpin & Ors v Lumley General Insurance Ltd [2009] NSWCA 372, per Sackville JA at [107]: “…courts in NSW have power under the CP Act and the UCPR to make orders relieving one party to civil litigation from complying, in whole or in part, with directions that would otherwise oblige that party to disclose to the other party in advance of the trial all affidavits and reports to be adduced in evidence at the trial.”

  In Halpin (above), Basten JA at [317]: “The reasonable entitlement of a defendant to preserve pre-trial confidentiality in the results of its investigations, in the face of suspected fraud, remains a legitimate interest.”

 

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