GB, by his tutor, FB v WESTERN SYDNEY AREA HEALTH SERVICE [2010] NSWSC 181

New South Wales Supreme Court

CITATION : GB, by his tutor, FB v WESTERN SYDNEY AREA HEALTH SERVICE [2010] NSWSC 181

HEARING DATE(S) : Wednesday 9 December 2009

JUDGMENT DATE : 15 March 2010

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

(1) The amended notice of motion filed on 5 June 2009 is dismissed. DECISION : (2) The notice of motion dated 20 August 2009 filed by leave granted on 14 April 2009 by or on behalf of AB is, subject to (3) below, dismissed. (3) I direct the legal representatives on behalf of AB to produce short minutes of order to give effect to the procedure to be followed on the issue of confidential communications. (4) Liberty to any party to apply in relation to any matter arising from this judgment.

CATCHWORDS : PRACTICE AND PROCEDURE- subpoenas and notices to produce – material relating to third parties - setting aside - relevance - confidentiality

LEGISLATION CITED : Evidence Act 2005 Evidence Amendment (Confidential Communications) Act 1997

Alister v The Queen (1984) 154 CLR 404 Commissioner for Railways v Small (1938) 38 SR 564 Director-General, Department of Community Services v D [2006] NSWSC 827 National Roads & Motorists Association v Whitlam [2007] NSWCA 81 Portal Software v Bodsworth [2005] NSWSC 1115 Purkess v Crittenden (1965) 114 CLR 164 CASES CITED : Regina v Saleam (1989) 16 NSWLR 14 Seltsan Pty Limited v Ghaleb [2005] NSWCA 208 Trade Practices Commissioner v Arnotts Limited (1989) 21 FCR 306 Waind v Hill & Anor (1978) 1 NSWLR 372 Watts v Rake (1960) 101 CLR 158 White v Tulloch (1995) 127 FLR 105 Regina v Saleam (1989) 16 NSWLR 14