NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Elka Simjanovska and Roads and Traffic Authority of New South Wales (No 2) [2007] NSWIRComm 5
APPLICANT Elka Simjanovska PARTIES: RESPONDENT Roads and Traffic Authority of New South Wales
FILE NUMBER(S): 4554 of 2005; 2762; 3138 of 2006
CORAM: Sams DP
Notice of motion - nine summonses to produce medical records of applicant - application to set aside summonses - Rule 94 of the Commission's Rules - 'fishing expedition' - medical reports not relevant to substantive proceedings - some medical reports biased or incorrect - privacy - lack of notice - CATCHWORDS: Held: Rule 94 applies only to person to whom summons is directed - applicant has no standing to bring application to set aside summonses - medical records already produced - medical practitioners directly referred to by applicant - medical records relevant to proceedings - extraordinary claim of bias and incorrect reporting - notice of motion dismissed - return of summonses to proceed.
Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Commission Rules 1996 - Rule 94 Workers Compensation Act 1987
HEARING DATES: 30 January 2007
DATE OF JUDGMENT: 30 January 2007
APPLICANT Elka Simjanovska (unrepresented) LEGAL REPRESENTATIVES: RESPONDENT Ms J Nand Spark Helmore Lawyers
JUDGMENT:
- 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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