Hunter New England Local Health District v Munters Pty Limited [2018] NSWSC 788

Supreme Court New South Wales

Medium Neutral Citation: Hunter New England Local Health District v Munters Pty Limited [2018] NSWSC 788 Hearing dates: 23 November 2017 Date of orders: 01 June 2018 Decision date: 01 June 2018 Jurisdiction: Common Law Before: Bellew J Decision: 1. The proceedings are listed for further directions before me at 9.15 am on Friday 8 June 2018. 2. The parties are to prepare short minutes of orders to be made on the next occasion incorporating orders: (a) giving effect to the conclusions reached in this judgment; (b) for the ongoing management of these proceedings. 3. The costs of the amended notice of motion are reserved. Catchwords: PRACTICE AND PROCEDURE – Discovery – Application for further discovery – General principles – Balancing exercise to be conducted in face of assertions by the plaintiff that compliance with an order for further discovery would be unduly onerous

PRACTICE AND PROCEDURE – Evidence – Privilege – Where claims for privilege made over documents which would otherwise be discoverable – List of documents to properly set out the basis of any claim made – Necessity for the evidence relied upon in support of a claim for privilege to be fulsome, focused and specific – Verbal formulae and conclusory assertions not sufficient – Necessity for evidence to be adequate and compelling – Necessity for evidence to address the purpose for which documents were created or communications were made – Whether discretion should be exercised in favour of inspection of the documents over which privilege was claimed Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Health Services Act 1997 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12 Asahi Holdings (Australia) Pty Ltd v Pacific Equity Parties Pty Ltd [2013] FCA 998 ASIC v Rich [2004] NSWSC 1089 Australian Competition and Consumer Commission v Lux Pty Ltd [2003] FCA 89 Bailey v Department of Land and Water Conservation (2009) 74 NSWLR 333; [2009] NSWCA 100 Barnes v Commissioner of Taxation [2007] FCAFC 88; 242 ALR 601 Bennett v Chief Executive Officer of the Australian Customs Service (2004) 140 FCR 101; [2004] FCAFC 237 Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano Co (1882) 52 LJQB 181 Con Ange v Fairfax Media Publications Pty Ltd [2010] NSWSC 1200 Dingwall v Commonwealth of Australia (1992) 39 FCR 521; [1992] FCA 627 Ensham Resources Pty Ltd v AIOI Insurance Co Ltd (2012) 209 FCR 1; [2012] FCAFC 191 Esso Australia Resources Ltd v FCT (1999) 201 CLR 49; [1999] HCA 67 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303; [2013] HCA 46 Graphite Energy Pty Ltd v Lloyd Energy Systems Pty Ltd [2014] NSWSC 1326 Harman v Home Department State Secretary [1983] 1 AC 280; [1982] 2 WLR 338 Hutchinson v Glover (1875) 1 QBD 138 In the matter of Felan's Fisheries Pty Ltd [2017] NSWSC 1262 Kennedy v Wallace (2004) 142 FCR 185; [2004] FCAFC 337 Mulley v Manifold (1959) 103 CLR 341; [1959] HCA 23 National Crime Authority v S (1991) 29 FCR 203; [1991] FCA 234 New South Wales v Jackson [2007] NSWCA 279 Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264 R v Rogerson; R v McNamara (No 31) [2016] NSWSC 195 Re Colorado Products Pty Ltd (in prov liq) [2013] NSWSC 611 Schlam v WA Trustee Executor & Agency Co Ltd [1964] WAR 178 Singapore Airlines v Sydney Airports Corporation [2004] NSWSC 380 Sparnon v Apand Pty Ltd (1996) 68 FCR 322 Tirango Nominees Pty Ltd v Dairy Vale Foods Pty Ltd (1998) 156 ALR 364 Category: Procedural and other rulings Parties: Hunter New England Local Health District (Plaintiff) Munters Pty Limited (Defendant) Representation: Counsel: P Gow (Plaintiff) B Docker (Defendant)