AF v Healthquest (No 2) [2009] NSWADT 262

CITATION: AF v Healthquest (No 2) [2009] NSWADT 262

DIVISION: General Division

APPLICANT AF PARTIES: RESPONDENT Healthquest

FILE NUMBER: 073365

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 18 September 2009

DATE OF DECISION: 9 October 2009

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Application for summons to produce records: legitimate forensic purpose

APPLICANT In person REPRESENTATION: RESPONDENT K Sanders, legal officer

ORDERS: Leave is granted to the applicant to cause to be issued a summons addressed to the Australian Human Resources Institute seeking production of records in accordance with paragraphs 1 and 2 of the application for the issue of a summons filed by the applicant.

REASONS FOR DECISION

1 The substantive proceedings have been commenced by the applicant pursuant to privacy legislation, seeking redress for an alleged breach of that legislation by the respondent. An interlocutory issue has arisen concerning the issue of a summons to a third party to produce records relating to a witness who will be called at the hearing of the substantive proceedings. Leave has already been granted to the applicant to issue a summons to attend to this witness. The respondent opposes the issue of the summons to produce to the third party on the ground that the records sought are irrelevant to any issue that the Tribunal will be called upon to decide. Therefore the summons, it is argued, has no forensic purpose.

2 The applicant's case in the substantive proceedings involves communications to the respondent and the proposed witness will be able to give evidence relevant to these communications. The records that the applicant seeks concern determinations made about the witness by the third party, who is a professional body.