Mid North Coast Local Health District v Hickson [2019] NSWCA 165
APPEAL – practice and procedure – appeal from
judgement on a review reversing interlocutory decision
of Registrar – application of principle of restraint in
review of discretionary decision as to practice and
procedure
PROCEDURE – interrogatories – personal injury claim
– defendant’s application to administer interrogatories
to plaintiff – rule requiring “special reasons” to make
order – defendant seeking information as to possible
limitation defence – information wholly within the
plaintiff’s knowledge
Lipman v State of New South Wales [2025] NSWSC 670
(1) the plaintiff, by 24 July 2025, is to give verified discovery of, and produce for inspection, all documents produced to the court by WMJ under subpoena issued 25 November 2022:
(a) recording or referring to the fact that he knew, or ought to have known, that on 19 October 2011 he had suffered an injury;
(b) recording or referring to the fact that he knew, or ought to have known, that his injury was caused by the fault of his employer;
(c) recording or referring to the fact that he knew, or ought to have known, that his injury was sufficiently serious to justify the bringing of an action on the cause; or
(d) which could reasonably inform an assessment of the matters stated in s 50D(1)(a)-(c) of the Limitation Act 1969 (NSW);
(2) the plaintiff’s solicitors, by 2 July 2025, by way of affidavit, specify with respect to those documents captured by order (1):
(a) the date of the document;
(b) the author of the document;
(c) a brief description of the document; and
(d) in case of correspondence, the name of who sent the document and to whom;
(3) leave is granted to the defendant’s legal representatives to inspect and copy any such documents captured by order (1); and
(4) costs of the Notice of Motion filed by the defendant on 11 April 2025 are costs in the cause.
Woolner v South Western Sydney Local Health District [2023] NSWSC 748
CIVIL PROCEDURE — Subpoenas — to produce documents or things — application to set aside — where documents relate to obtaining instructions, preparation and filing of defence — whether subpoena has legitimate forensic purpose — whether legal professional privilege applies to documents — where no claim of waiver advanced — Evidence Act 2005 (NSW), ss 118, 119 — privilege established — subpoena set aside