Re an application for leave to appeal by Insurance Australia ltd

Insurance Australia Ltd sought leave to appeal an interlocutory decision of a judge of the Supreme Court of the Australian Capital Territory. The primary dispute concerned the applicant's request to withhold notification of surveillance material and the service of medical reports that were based upon that surveillance material.

The central legal issue before Mossop J was whether the primary judge's decision, which refused the applicant leave to withhold notification of the surveillance material and related medical reports, was attended with sufficient doubt to warrant reconsideration on appeal.

Mossop J reasoned that the application for leave to appeal did not meet the threshold for granting leave, as the primary judge's decision was not demonstrably attended with sufficient doubt. Consequently, the application for leave to appeal was dismissed. The court reserved costs and granted liberty to each party to apply in relation to costs, with the liberty extending to joining the plaintiff in SC106 of 2015 as a party for the purposes of dealing with any question of costs.