Singler v Ferguson

In *Singler v Ferguson*, the appellant, Singler, appealed against a verdict and judgment entered in favour of the respondent, Ferguson, in the District Court. The dispute concerned the admission and reliance upon medical evidence during the trial.

The primary legal issues before the appellate court were whether the trial judge erred in admitting medical evidence obtained during the course of the trial without disclosure by the party who obtained it, and whether the trial judge improperly made adverse credit findings against the appellant based on propositions that had not been put to the appellant during cross-examination. These issues engaged principles of procedural fairness, specifically the right of a party to be appraised of the case they must meet, as established in *Stead v State Government Insurance Commission*.

The court found that the trial judge had erred in both respects. It was held that a party has a duty to disclose relevant medical evidence obtained during the trial, and that reliance on material not put to a witness in cross-examination to make adverse credit findings constitutes a denial of procedural fairness. Consequently, the appeal was allowed, the verdict and judgment for the respondent were set aside, and the matter was remitted to the District Court for a rehearing. The court also made orders regarding the costs of the first hearing and the appeal, and directed that the proceedings be referred to mediation prior to the rehearing.