Latham & Latham

In the matter of *Latham & Latham*, heard before Le Poer Trench J, the dispute concerned the admissibility of certain recordings and the further instructions to be provided to a Dr W. The wife sought to have recordings admitted into evidence, while the husband was ordered to bear the costs associated with Dr W's further work.

The court was required to determine whether a specific recording, MFI1, should be admitted as evidence, and whether the remaining recordings, MFI2, should be produced for identification and potentially admitted later. Furthermore, the court needed to establish the necessary instructions for Dr W to complete his report, including provisions for re-interviewing the parties and considering new material.

Le Poer Trench J ordered that MFI1 be admitted as Exhibit H1. The remaining approximately 11 hours of recordings were to be produced to the Court and marked for identification as MFI2, with the wife granted leave to apply for their admission as exhibits at any time. The parties were directed to agree on further instructions for Dr W, and in the event of disagreement, the matter could be relisted before the judge. Crucially, the husband was ordered to pay the additional costs incurred by Dr W for re-interviewing the parties and reviewing Exhibit H1 and MFI2.