EEH v NSW Self Insurance Corporation [2021] NSWCATAD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEH v NSW Self Insurance Corporation [2021] NSWCATAD 21 Hearing dates: On the papers Date of orders: 03 February 2021 Decision date: 03 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) Subject to the receipt of any submissions of the Respondent in accordance with Order 2 below, the application to issue a summons for the production of Document 1 is granted. (2) Within 14 days of the date of these reasons for decision the Respondent may make written submissions to the Tribunal in respect of any legal professional privilege issues relating to the disclosure of Document 1 (or any parts of it) and submit to the Tribunal (in confidence) a copy of Document 1 for consideration. (3) Within 14 days of the Respondent's submissions in Order 2, the Applicant may make written submissions in reply to the Tribunal in respect of any of legal professional privilege issues relating to the disclosure of Document 1 (or any parts of it). (4) The application to issue a summons for production of Documents 2 and 3 is refused. (5) The matter is listed at 9:30am on 23 February 2021 for further directions and to set a hearing date for hearing the administrative review application. Catchwords: PROCEDURE – summons to produce documents – whether summons has a legitimate forensic purpose – do the documents sought "throw light on" any issues in dispute and have apparent relevance to the case Legislation Cited: Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 Cases Cited: ALL v Sydney Local Health District [2019] NSWCATAD 143 CPJ v The University of Newcastle [2017] NSWCATAD 350 CYL v YZA [2017] NSWCATAP 105 KO v Commissioner or Police, NSW Police Force (GD) [2005] NSWADTAP 56 Lonsdale v University of Sydney [2015] NSWCATAP 277 Sharpe v Grobbel [2017] NSWSC 1065 Zonnevylle v Department of Justice [2018] NSWCATAD 96 Category: Procedural rulings Parties: EEH (Applicant) NSW Self Insurance Corporation (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2020/00215886 Publication restriction: Disclosure of the name of the Applicant is prohibited