Henry v State of New South Wales [2020] NSWDC 222

District Court New South Wales

Medium Neutral Citation: Henry v State of New South Wales [2020] NSWDC 222 Hearing dates: 29 April 2020 Date of orders: 29 April 2020 Decision date: 29 April 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In relation to the Notice of Motion filed on 14 April 2020: 1. The subpoena filed on 18 November 2019 is set aside. 2. The costs of the Notice of Motion are costs in the cause. In relation to the Notice of Motion filed on 17 April 2020: 1. The Notice of Motion is dismissed. 2. The costs of the Notice of Motion are costs in the cause. Catchwords: Practice and procedure – application to set aside a subpoena – relevance – oppression – width of subpoena – evidence as to considerable time and effort of defendant's officers required to search for documents Legislation Cited: Civil Procedure Act 2002 (NSW) Health Records and Information Privacy Act 2002 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Gasnier v Gasnier Proprietary Limited [2019] NSWSC 833. GB v Western Sydney Area Health Service [2010] NSWSC 181 Harman v The Home Office (1983) 1 AC 280 ICAP Australia Proprietary Limited v BGC Partners (Australia) Proprietary Limited [2009] NSWCA 307 National Employers Mutual General Association v Waind [1978] 1 NSWLR 372 Northshore Real Estate Proprietary Limited v Real Estate Property Management Services Proprietary Limited [2017] NSWDC 44 Reinhardt v Reinhardt [2018] NSWSC 1102 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Limited [1984] 1 NSWLR 710 Category: Procedural and other rulings Parties: Daniel Henry (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: JM Morris SC and T Ower (Plaintiff) F Doak (27 April 2020); D Stanton (29 April 2020) (Defendant)