NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Arnold v Matsias (No 2) [2018] NSWSC 922 Hearing dates: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) The defendant's motion to set aside the subpoena issued upon Mend Physio Kingsgrove on 13 March 2018 is dismissed.
(2) Costs be costs in the cause.
(3) Access to the documents produced is limited to the party's legal representatives.
(4) Consistent with the wording in the schedule to the subpoena, the notes must be redacted so as to prevent identification in any way of the relevant patients.
(5) Production is to occur within seven days. Catchwords: CIVIL PROCEDURE – Subpoenas – Application to set aside – Claim brought against defendant physiotherapist in negligence – Subpoena to produce issued to physiotherapy clinic seeking notes concerning unrelated patients – Whether subpoena has a legitimate forensic purpose or constitutes a trawling or fishing expedition Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 33.4 Cases Cited: Alister v The Queen (1983) 154 CLR 404; [1984] HCA 85 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Liristis v Gadelrabb [2009] NSWSC 441 Category: Procedural and other rulings Parties: Simon Arnold (Plaintiff) Chris Matsias (Defendant) Representation: Counsel: R Cavanagh SC (Plaintiff) J Sandford (Defendant)
Solicitors: Slater and Gordon Lawyers (Plaintiff) Meridian Lawyers (Defendant) File Number(s): 2015/244084 Publication restriction: Nil
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