The Court dismissed the applicant's motion seeking an advance ruling under s 192A of the Evidence Act 1995 (NSW) that documents produced under orders for production could be used against the first defendant without the protection of s 87 of the Civil Procedure Act 2005 (NSW). The applicant bore the onus of establishing that the documents were produced solely by the corporate respondent (La Serenissima) rather than jointly by both respondents, and failed to discharge that onus on the evidence. The case turned on the particular facts regarding the identity of the producing party, including the terms of the original certificates, correspondence, and subsequent corrective orders.
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