Chandrasekaran v Western Sydney Local Health District [2023] NSWCA 219

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chandrasekaran v Western Sydney Local Health District [2023] NSWCA 219 Hearing dates: 11 September 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Before: Meagher JA Decision: As to the first respondent's notice of motion filed on 10 July 2023: (1) Order that the two notices to produce identified as SC1 and SC2 and any earlier versions of those notices to produce which have been served by the appellant on the first respondent be set aside. (2) Order that the appellant be restrained from serving in these proceedings any further notice to produce addressed to the first respondent without the prior leave of the Court. (3) Order that the appellant pay the first respondent's costs of this motion. As to the second respondent's notice of motion dated 11 July 2023: (1) Order that the two notices to produce identified as SC3 and SC4 and any earlier versions of those notices to produce which have been served by the appellant on the second respondent be set aside. (2) Order that the appellant be restrained from serving in these proceedings any further notice to produce addressed to the second respondent without the prior leave of the Court. (3) Order that the appellant pay the second respondent's costs of this motion. As to the appellant's notice of motion filed on 26 June 2023: (1) Dismiss that motion and application. (2) Order that the appellant pay the first and second respondents' costs of this motion. Catchwords: CIVIL PROCEDURE – notices to produce – whether documents "specified" in accordance with Uniform Civil Procedure Rules 2005 (NSW), r 34.1 – whether legitimate forensic purpose for issue of notices to produce – no question of principle Legislation Cited: Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), r 34.1 Cases Cited: Chandrasekaran v Western Sydney Local Health District [2019] NSWSC 1231 Chandrasekaran v Western Sydney Local Health District [2023] NSWCA 106 Chandrasekaran v Western Sydney Local Health District (No 7) [2019] NSWSC 567 Norris v Kandiah [2007] NSWSC 1296 O'Shane v Harbour Radio Pty Ltd (2013) 85 NSWLR 698; [2013] NSWCA 315 Patonga Beach Holdings Pty Ltd v Lyon [2009] NSWSC 869 Texts Cited: Nil Category: Procedural rulings Parties: Sujatha Chandrasekaran (Appellant) Western Sydney Local Health District (First respondent) Charterhouse Medical Pty Ltd (Second respondent) Representation: Counsel: P E King (Appellant) R J Pietriche (First respondent) K Petch (Second respondent)