SW by her tutor TW v MK

The case of SW by her tutor TW v MK involved an application for a ruling under section 192A of the Evidence Act 1995 (NSW) concerning the admissibility of a hospital record that detailed a conversation between the plaintiff and her solicitor. The dispute hinged on whether the court's discretion to make an advance evidentiary ruling should be exercised and whether there was sufficient information available to the court to make such a ruling. The matter was before the Supreme Court of New South Wales.

The legal issues that the court was required to decide included whether the court had enough information to make a ruling on the admissibility of the hospital record, and if not, whether the application should be stood over to the trial judge. The application was filed imminently before the trial, raising questions about the procedural fairness and the necessity of an immediate ruling.

The court determined that there was not sufficient information before it to make a ruling on the admissibility of the hospital record at that stage. The trial was imminent, and the application was stood over to the trial judge. The court also allowed the plaintiff to rely on the report of Dr Rutvowski dated 4 October 2018, which was served on 10 October 2018. The hearing date was confirmed for 19 November 2018, and the exhibits remained with the file.

The court’s decision to stand over the application ensured that the trial judge would have the opportunity to review the evidence and make a ruling in the context of the full trial proceedings. This approach allowed for a more informed decision based on the complete set of facts and evidence that would be presented during the trial.