Ghorbanzadeh v Western Sydney Local Health District [2023] NSWSC 1330

Supreme Court New South Wales

Medium Neutral Citation: Ghorbanzadeh v Western Sydney Local Health District [2023] NSWSC 1330 Hearing dates: 3 November 2023 Date of orders: 6 November 2023 Decision date: 06 November 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The plaintiff is granted access to and is permitted to inspect documents produced by Dr Vijay Roach in response to the plaintiff's subpoena to produce over which the defendant has claimed privilege. 2. The defendant is to pay the plaintiff's costs of this notice of motion. 3. By consent, orders 1 and 2 are stayed for 21 days from today. Catchwords: PRIVILEGE – notes prepared by expert for telephone call with solicitor – use of the notes during the call – whether content of the notes communicated to the solicitor – whether notes used in preparation of expert report Legislation Cited: Evidence Act 1995 (NSW), ss 118, 119 Cases Cited: Australian Securities & Investments Commission v Southcorp Ltd [2003] FCA 804 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501; [1997] HCA 3 Interchase Corporation Limited (in liq.) v Grosvenor Hill (Queensland) Pty Ltd (No 1) [1999] 1 Qd R 141; [1997] QCA 450 Ryder v Frohlich [2005] NSWSC 1342 Category: Procedural rulings Parties: Lida Ghorbanzadeh (Plaintiff) Western Sydney Local Health District trading as Westmead Hospital (Defendant) Representation: Counsel: Mr R O'Keefe SC (Plaintiff) Mr J Downing SC (Defendant)