Strickland v State of NSW [2016] NSWDC 30

District Court New South Wales

Medium Neutral Citation: Strickland v State of NSW [2016] NSWDC 30 Hearing dates: 15 March 2015 Date of orders: 23 March 2016 Decision date: 23 March 2016 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The defendant's motion filed on 11 January 2016, as amended at the hearing on 15 March 2016, is dismissed, with the result that the documents in contention must be produced within 21 days of these orders;

2. The defendant is to pay the plaintiff's costs of the dismissed motion on the ordinary basis unless otherwise ordered, such costs to be assessed and paid forthwith;

3. Access to any documents the subject of the subpoena, including photocopy access to those documents, is to be restricted to the plaintiff, his legal representatives and any experts retained on the plaintiff's behalf, subject to any further orders of the court on an application of a party to vary this order;

4. Liberty to apply on 7 days notice if further or other orders are required. Catchwords: PRACTICE & PROCEDURE – refusal of defendant's application to set aside a subpoena which seeks the production of police documents and files connected to the plaintiff's employment, and the employment of another named officer, and related matters Legislation Cited: Civil Procedure Act 2005, s 58(2) Court Suppression and Non-Publication Orders Act 2010, s 7 Evidence Act 1995, s 192 Police Act 1990, s 170 Uniform Civil Procedure Rules 2005, r 1.9; r 19.6; r 33.4 Workplace Injury Management and Workers' Compensation Act 1998, s 318 Cases Cited: Alister v The Queen (1984) 154 CLR 404 GB v Greater Western Sydney Area Health Service [2010] NSWSC 181 Leotta v Public Transport Commission of NSW (1976) 50 ALJR 666; (1976) 9 ALR 437 Portal Software v Bodsworth [2005] NSWSC 1115 Regina v Saleam (1989) 16 NSWLR 14 Trade Practices Commissioner v Arnotts Ltd (1989) 21 FCR 306 Waind v Hill & Anor (1978) 1 NSWLR 372 White v Tulloch (1995) 127 FLR 105 Category: Procedural and other rulings Parties: Allan Strickland (Plaintiff) State of NSW (Defendant) Representation: Counsel: Mr S Hunt (Plaintiff) Mr D Stanton (Defendant)