Overarching obligations - Close reading exercise

Facts

This scenario considers the overarching obligation to disclose the existence of documents. In order to answer the multiple choice questions which follow you will need to have read ss26 and 27 of the Civil Procedure Act.

Mr Vairy suffered a spinal injury when he dived into the sea from a rock platform in Wyong Shire. He sues Wyong Shire Council in negligence, alleging that the council was negligent in not erecting a sign which warned of the dangers of, or prohibited, diving from the rock platform.

Three days before the matter is heard, the Council come across a set of emails it had received from a concerned group of local citizens complaining of the lack of signage in the area where Mr Vairy suffered his injury.

1:What is the test to determine whether the Council needs to disclose the existence of the document?
A)

Whether the document is critical to the resolution of the dispute

Incorrect

  

B)

Whether the council thinks the document is critical to the resolution of the dispute

Incorrect

 

C)

Whether the council thinks the document is, or ought reasonably consider the document to be, critical to the resolution of the dispute

Correct

  

D)

Whether the council thinks the document is, or ought reasonably consider the document to be, capable of resolving the dispute

Incorrect

 

2:The Council discloses the existence of the document the next day. Is this adequate?
A)

No, because of s26(2)(b)

Incorrect

 

B)

Yes, because of s26(2)(b)

Incorrect

 

C)

No, because of s26(2)(a)

Incorrect

 

D)

Yes, because of s26(2)(a)

Correct

 

3:Mr Vairy is disgruntled that he did not receive the document earlier. He seeks an order that s26 was breached because he did not receive the document in a timely fashion. Is he entitled to the order?
A)

Yes, because of s26(1)(a)

Incorrect

 

B)

No, because of s26(1)(a)

Correct

 

C)

Yes, because of s26(1)(b)

Incorrect

 

D)

No, because of s26(1)(b)

Incorrect

   

4:Mr Vairy contacts the local citizens who wrote the emails. Upon discovering a Mr Mulligan had also suffered an injury diving from the rock platform Mr Vairy applies to join him in the action. What test governs whether this is a proper use of the emails?
A)

Whether the emails were privileged: s26(3)(a)

Incorrect

 

B)

Whether contacting the local citizens and then seeking to join one is a use in connection with the civil proceeding: s27(1)

Correct

   

C)

Whether the handing over of the emails carried with it implied permission to the use the emails for any purpose: s27(3)

Incorrect

 

D)

Whether the emails will subsequently be discovered: s27(4)

Incorrect

 

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