CNC v NSW Police Force [2017] NSWCATAD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CNC v NSW Police Force [2017] NSWCATAD 43 Hearing dates: 6 and 20 December 2016 Date of orders: 30 January 2017 Decision date: 30 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The summons issued by CNC to NSW Police Force is set aside.

2. The confidential documents belonging to the NSW Police Force are to be returned to their solicitors. Catchwords: PRACTICE AND PROCEDURE – summons to produce – letter of instruction and attached medical reports – client legal privilege – whether legal advice privilege applies Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 38, 48 and 67 Evidence Act 1995 (NSW), ss 117, 118, 122, 131A and 133 Cases Cited: Australian Securities & Investments Commission v Southcorp Limited [2003] FCA 804 Matthews v SPI Electricity Pty Ltd [2013] VSC 33 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Shea v TruEnergy Services Pty Ltd (No 5) (2013) 303 ALR 230 Singtel Optus Pty Ltd v Weston (2011) 81 NSWLR 526 Sprayworx Pty Ltd v Homag Pty Ltd [2014] NSWSC 833 Texts Cited: Stephen Odgers, Uniform Evidence Law, (11th ed Thomson Reuters) at 698 Category: Procedural and other rulings Parties: CNC (Applicant)\ NSW Police Force (Respondent) Representation: Solicitors: Applicant (self-represented) Sparke Helmore Lawyers (Respondent) File Number(s): 1610218 Publication restriction: Disclosure of the name of the Applicant is prohibited.Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.