Lackovic v Insurance Commission of Western Australia

Lackovic v Insurance Commission of Western Australia is an appeal brought by the defendant, the Insurance Commission of Western Australia, against the judgment of the trial judge. The nature of the dispute revolves around the credibility of a witness and the trial judge's fact-finding and reasoning. The case was heard and determined in the Court of Appeal of Western Australia.

The legal issues the court had to address included whether the appellate intervention was necessary and if a retrial should be ordered. The court also had to consider whether the party who failed to discover a witness statement, which was subject to legal professional privilege and not included in the discovery list, was obliged to produce it. Additionally, the court examined the principles involved in admitting further evidence on appeal, specifically where a copy of a witness statement subject to legal professional privilege was provided after the trial under the Freedom of Information Act 1992 (WA).

The court found that the trial judge's reasoning and fact-finding were erroneous, and the appellate intervention was required. The court determined that the party failing to discover the witness statement was obliged to produce it, and granted leave to adduce the witness statement in evidence on appeal. Consequently, the appeal was allowed, and a retrial was ordered.