Evidence in view: Matton Developments Pty Ltd v CGU Insurance Limited  QSC 256
Jackson, Sheryl (2014) Evidence in view: Matton Developments Pty Ltd v CGU Insurance Limited  QSC 256. Proctor, 34(11), pp. 44-45.
Rule 478 of the Uniform Civil Procedure Rules 1999 (Qld)(view by court) is silent as to the manner in which a court might be expected to exercise the discretion to order an inspection or demonstration under the rule and also as to the use which may be made of any inspection or demonstration ordered. The decision in Matton Developments Pty Ltd v CGU Insurance Limited  QSC 256 provides guidance on both matters.
This case provides some guidance on the circumstances in which a court may exercise its discretion to order a view or demonstration
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|Item Type:||Journal Article|
|Keywords:||UCPR r478, exercise of discretion, whether inspection or demonstration constitutes evidence|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
|Deposited On:||16 Dec 2015 06:06|
|Last Modified:||17 Dec 2015 06:08|
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