Daily Insurance: Tuesday, 18 August 2015 View in browser
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Insurance

Executive Summary (One Minute Read)
Dallas Buyers Club LLC v iiNet Ltd (No 4) (FCA) - discovery - copyright - stay of preliminary discovery order not lifted
Hatziandoniou v Ruddy (NSWCA) - negligence - motor vehicle accident - erroneous exclusion of expert opinion evidence - new trial
Dowling v Dowling (VSC) - client legal privilege - conceded privilege in documents had not been waived - applications to inspect documents declined
Summaries With Link (Five Minute Read)
Dallas Buyers Club LLC v iiNet Ltd (No 4) [2015] FCA 838
Federal Court of Australia
Perram J
Discovery - copyright - owner of copyright in film sought preliminary discovery of documents - internet service providers were respondents to application - applicant sought to lift stay of preliminary discovery order - applicant had proffered to Court versions of what it would say to account holders with undertaking only to communicate in those terms - s115 Copyright Act 1968 (Cth) - s31A(2) Federal Court of Australia Act 1976 (Cth) - r7.22 Federal Court Rules 2011 (Cth) - held: certain claims made by applicant untenable - Court declined to lift stay at this stage - Court would lift stay if Court received written undertaking only to use information obtained under preliminary discovery orders for purposes in relation to permissible claims - application dismissed.
Hatziandoniou v Ruddy [2015] NSWCA 234
Court of Appeal of New South Wales
Basten, Leeming & Simpson JJA
Negligence - motor vehicle accident - appellant motorcyclist injured when motorcycle collided with truck driven by respondent - primary judge dismissed appellant’s claim - ss55, 76 & 79 Evidence Act 1995 (NSW) - s126 Motor Accidents Compensation Act 1999 (NSW) - opinion evidence - held: expert’s opinion evidence was wrongly excluded by trial judge with result that verdict and judgment must be set aside - new trial required because on exclusion of expert’s evidence, he was not cross-examined and respondent’s counsel forbore to tender report obtained on respondent’s behalf - it was necessary for competing expert evidence to be properly evaluated in new trial - appeal allowed - new trial limited to questions of respondent’s liability and contributory negligence.
Dowling v Dowling [2015] VSC 412
Supreme Court of Victoria
Ierodiaconou AsJ
Client legal privilege - seventh defendant sought inspection of documents and declaration any privilege over documents waived - first to fifth defendants also sought orderfor production of documents for inspection - ss55 & 122 Evidence Act 2008 (Vic) - r29.01.1 Supreme Court (General Civil Procedure) Rules 2005 (Vic) - s26 Civil Procedure Act 2010 (Vic) - held: it was conceded that documents were privileged - privilege had not been waived in respect of documents - applications to inspect documents declined.