Question
Halpin v Lumley General Insurance Ltd [2009] NSWCA 372 Allegation: Non-payment of legitimate insurance claim - Lumley's defence: Insurance claim was untruthful Lumley had information
Halpin v Lumley General Insurance Ltd [2009] NSWCA 372
Allegation: Non-payment of legitimate insurance claim - Lumley's defence: Insurance claim was untruthful
Lumley had information about claim that was confidential - Sought to keep confidential until used at hearing, likely during cross-examination of Halpin
Judge made direction allowing information to remain confidential
Halpin argues that judge did not have authority to make direction because it contravened principles of full disclosure designed to prevent trial by ambush
What principles are involved here and how is the NSWCA likely to find on question of court's power?
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