Limited Access to Confidential Documents Under Subpoena

Supreme Court of New South Wales

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📜 Headnote Official document

The court granted limited access to confidential documents under subpoena, subject to the claimant demonstrating that the confidentiality claim is unfounded or that disclosure is justified under the Education Regulations 1996, clause 5.

📚 Full judgment Official document

New South Wales Supreme Court

CITATION : [NAME] v [COMPANY] [2000] NSWSC 195 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 20 March 2000 JUDGMENT DATE : 20 March 2000

[NAME] (Plaintiff)

PARTIES : v

[COMPANY] (Defendant) JUDGMENT OF : Levine J

I Barker Q.C. M R Hall (Plaintiff) COUNSEL : [redacted] J S Wheelhouse (Defendant) [NAME] (Plaintiff) SOLICITORS : [redacted] (Defendant) CATCHWORDS : Documents under subpoena - application for inspection - claim for confidentiality - Education Regulations 1996, cl.5 - limited access - T4862 DECISION : See paragraph 5

DLJT: 122 (Ex Tempore - Revised) [2000] NSWSC 195

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST No. 20223 of 1995 No. 20592 of 1996

JUSTICE DAVID LEVINE

MONDAY 20 MARCH 2000

[NAME] (Plaintiff)

[COMPANY] [PHONE] (Defendant)

JUDGMENT (Documents under subpoena - application for inspection - claim for confidentiality - Education Regulations 1996, cl. 5 - limited access - T4862)

1 HIS HONOUR: A subpoena has been issued by the plaintiff and served upon the proper officer of the [NAME] for production of documents in relation to the witness [NAME]. 2 The subpoena has been answered by the [NAME] providing the material sought by the subpoena, being a Record of Achievement. Accompanying the material provided is a communication from the Director of [NAME] and [NAME] drawing my attention to cl 5 of the Education Regulations 1996 and to judgments delivered by me in the matter of [NAME] v [COMPANY] on 11 June 1999. 3 Without going into the question of whether or not [NAME] can be taken in his evidence, either in chief or cross-examination, to have consented to the disclosure as required by the regulation, it is not inappropriate in the circumstances that the certificates produced by the subpoenaed party be available for inspection by the legal advisers only at this stage for each side. 4 It seems to me that it is not so much the contents in relation to academic achievement that may be relevant but rather the year in respect to which the certificates relate. 5 If the document is sought to be deployed in evidence, then I will make an order that there be non disclosure of the contents of the certificates for the relevant year, unless I am persuaded otherwise. I will hand those documents down to the plaintiff. ***********

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