TOSKAS v WALDRON

The case of TOSKAS v WALDRON involves a claim for damages for personal injuries sustained by the applicant in an accident on 12 October 2013, where the applicant was a pedestrian acting as a traffic controller at Dequetteville Terrace, Kent Town. The respondent, who was driving the vehicle that collided with the applicant, is being sued for the injuries the applicant sustained, which include injuries to his lumbar spine, cervical spine, both shoulders, right knee, and psychiatric, digestive, and dental injuries. The applicant claims that the accident resulted in significant impairment of his ability to lead a normal life, loss of enjoyment of life, difficulties in carrying out domestic household and gardening duties, and an impaired ability to enjoy and participate in social and recreational activities.

The legal issues in the case revolve around the applicant's obligations under the discovery process in civil proceedings. Specifically, the court was required to decide whether the applicant had complied with his discovery obligations and whether the respondent's request for further and better disclosure was justified. The applicant argued that the respondent had not established non-compliance with discovery obligations, that not all documents sought were directly relevant, and that the request for disclosure was oppressive and involved fishing. The applicant also argued that the respondent had delayed in bringing the application, which should be taken into account in exercising the court's discretion.

The court found that the applicant had failed to disclose certain Facebook and social media posts, despite having made them publicly available previously. The respondent's request for further and better disclosure was made after the applicant had denied public access to his posts. The court considered that the applicant had sufficient opportunity to respond to the request for further and better disclosure, which was made on 23 April 2020. The court concluded that the applicant should make further and better disclosure of all Facebook or other social media posts or documents recording or evidencing the applicant engaging in domestic, household, physical, sporting social, recreational activities, including as a spectator or undertaking holidays.

The court ordered that the applicant make further and better disclosure of all Facebook or other social media posts or documents recording or evidencing the applicant engaging in domestic, household, physical, sporting social, recreational activities, including as a spectator or undertaking holidays. This order was made to ensure that the respondent had access to all relevant information necessary for the trial, and to prevent any potential prejudice or unfairness arising from the non-disclosure of such information.