Evidence in view: Matton Developments Pty Ltd v CGU Insurance Limited [2014] QSC 256

Jackson, Sheryl (2014) Evidence in view: Matton Developments Pty Ltd v CGU Insurance Limited [2014] QSC 256. Proctor, 34(11), pp. 44-45.

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Abstract

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 [2014] 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

Impact and interest:

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ID Code: 91284
Item Type: Journal Article
Refereed: Yes
Keywords: UCPR r478, exercise of discretion, whether inspection or demonstration constitutes evidence
ISSN: 13218794
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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