Zavodny v Couper and QBE

Zavodny sought an order that the respondents provide him with copies of surveillance reports obtained by the insurer. The case arose from a motor vehicle accident, leading to a personal injury claim. The respondents argued that the surveillance reports were protected by legal professional privilege and should not be disclosed. The primary issue before the court was whether the surveillance reports were disclosable under section 47(1) of the Motor Accident Insurance Act 1994 and if they fell within the exclusions of section 48(2) of the Act, specifically whether they fit within the descriptions of "investigative reports, medical reports and reports relevant to the claimant’s rehabilitation".

The court held that the surveillance reports were not protected by legal professional privilege. It was determined that these reports were not of a confidential nature as they were obtained for the purpose of investigating a claim, and not for the purpose of obtaining legal advice. Furthermore, the court found that the reports did not fall within the exclusions listed in section 48(2) of the Act. They were not investigative, medical, or directly relevant to the claimant’s rehabilitation, but rather were obtained to assess the validity of the claim. Therefore, the surveillance reports were disclosable under the Act.

Consequently, the court granted the application and ordered that the respondents provide the applicant with copies of the surveillance reports. The court scheduled a further hearing to discuss additional orders.