McManus v Knights Rugby League Pty Ltd [2017] NSWSC 1101

Supreme Court New South Wales

Medium Neutral Citation: McManus v Knights Rugby League Pty Ltd [2017] NSWSC 1101 Hearing dates: 17 August 2017 Date of orders: 21 August 2017 Decision date: 21 August 2017 Jurisdiction: Common Law Before: Harrison J Decision: First defendant's notice of motion filed 24 July 2017 is dismissed with costs. Catchwords: SUBPOENA – "legitimate forensic purpose" – rugby league – allegation of head injury (concussion) sustained in course of employment as a professional rugby league player - whether documents relating to treatment of other players with concussive head injuries relevant to plaintiff's claim against his employer Legislation Cited: Civil Liability Act 2002 Category: Procedural and other rulings Parties: James Alan McManus (Plaintiff) Knights Rugby League Pty Ltd (First Defendant) Newcastle Knights Pty Ltd (Second Defendant) Representation: Counsel: D R Benson (Plaintiff) D Villa (First Defendant)

Solicitors: Slater + Gordon Lawyers (Plaintiff) Kemp Strang (First Defendant) File Number(s): 2016/367956 Publication restriction: Nil

Judgment 1. HIS HONOUR: By its notice of motion filed on 24 July 2017, Knights Rugby League Pty Ltd seeks an order pursuant to UCPR 33.4 that certain paragraphs of a Schedule to a subpoena to produce issued by Mr McManus be set aside. Since the filing of the application, the parties have agreed that paragraphs 19 and 35 should be set aside. Paragraphs 24, 33 and 34 remain in dispute. Those paragraphs are as follows: "24. All records of head injuries and/or concussive injuries sustained by Richard Fa'aoso and Robbie Rochow including records of the management of any head injuries and concussive injuries. 33. The game day diary, reports (written and/or electronic) of Rick Stone, the game day trainers, the manager of football operations, the chief medical officer and/or other medical officers relating to or touching upon the concussive head injury sustained by Richard Fa'aoso at Brookvale Oval in March 2011. 34. The game day diary, reports (written and/or electronic) of Wayne Bennett, the game day trainers, the manager of football operations, the chief medical officer and/or other medical officers relating to or touching upon the concussive head injury sustained by Robbie Rochow on 21 July 2013 in round 19 game at Penrith Park." 1. Mr McManus opposes these orders.