A decision refusing to permit an insurer to withhold surveillance material and medical reports from a plaintiff prior to trial is a discretionary decision on practice and procedure that will only be disturbed on appeal if attended with sufficient doubt, and the existence of a legitimate forensic purpose does not automatically require non-disclosure where the forensic advantage is unlikely to be lost because contradictions are already established in existing medical records and pleadings. The presence of a 'legitimate forensic purpose' is an important consideration under r 6704 of the Court Procedures Rules 2006 (ACT) even though the rule does not expressly refer to that concept.
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