EEH v NSW Self Insurance Corporation (No 2) [2022] NSWCATAD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEH v NSW Self Insurance Corporation (No 2) [2022] NSWCATAD 28 Hearing dates: On the papers Date of orders: 25 January 2022 Decision date: 25 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) Subject to Order 2 below, within 7 days of the date of these Reasons for Decision the Respondent must provide the Applicant with a copy of Document 1. (2) The Respondent may redact the first sentence of paragraph 2 and all of paragraphs 3 to 8 (inclusive) of Document 1 before providing a copy of Document 1 to the Applicant in compliance with Order 1 above. (3) Order 1 of the 6 April 2021 Orders of the Tribunal is deleted and replaced with the following: Within 21 days of the later of the date of these Reasons for Decision and the receipt of Document 1 by the Applicant, the Applicant (EEH) is to give to the Tribunal and NSW Self Insurance Corporation the following material: evidence including statements, documents and a summary of legal arguments about the alleged conduct and about any financial, psychological or physical harm suffered because of the conduct. (4) Other than as amended by Order 3 above, the 6 April 2021 Orders of the Tribunal are unchanged and continue to apply. (5) Pursuant to ss 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 publication or broadcast of the name of the Applicant and publication of Document 1 as filed with the Tribunal (other than by the Respondent) are prohibited. Catchwords: PROCEDURE – client legal privilege – whether privilege applies to instructions to attend a settlement when the fact of attendance has been disclosed in an internal review decision and the submissions of the respondent Legislation Cited: Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Cases Cited: Carey v Korda [2012] WASC 228 CNC v NSW Police Force [2017] NSWCATAD 43 EEH v NSW Self Insurance Corporation [2021] NSWCATAD 21 Grant v Downs ([1976] HCA 63; 1976) 135 CLR 674 Pratten v Pratten [2005] QCA 213 Priest v State of New South Wales [2006] NSWSC 1281 QQ v Commissioner of Police, NSW Police Force (No. 2) NSWADT 79 Re Global Medical Imaging Management Limited (in liq) [2001] NSWSC 476 Category: Procedural rulings Parties: EEH (Applicant) NSW Self-Insurance Corporation (Respondent) Representation: Solicitors: Self-represented (Applicant) Crown Solicitor (Respondent) File Number(s): 2020/00215886 Publication restriction: 1. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 publication or broadcast of the name of the Applicant is prohibited.