Glenella One Pty Limited v Duncan [2016] NSWSC 996

Glenella One Pty Limited v Duncan [2016] NSWSC 996

General access was granted because the telephone records had a forensic purpose: records for the number ending in 626 could bear on whether cross-defendants spoke or used an intermediary in connection with the alleged misconduct, and records for the number ending in 339 should not be redacted on instructions that had already proved incorrect. Confidentiality concerns did not justify refusing access, although access and use of the 339 records were limited at this stage to counsel and solicitors for the cross-claimant. Costs followed the event, so the cross-defendants were ordered to pay the cross-claimant's costs of the motion.

Jurisdiction
Australia
Judgment Date
29 June 2016
Procedural Posture
Common Law Proceedings; Motion for General Access to Documents Produced Under Subpoena / Ex Tempore Procedural Ruling on Motion Filed 8 June 2016
Outcome
Motion granted; general access to the subpoenaed Vodafone documents was granted and costs were awarded to the cross-claimant.
Legal Topics
['subpoena' 'access to Subpoenaed Documents' 'forensic Purpose' 'confidentiality and Privacy' 'costs']
['practice and Procedure'] ['subpoena' 'access to Subpoenaed Documents' 'forensic Purpose' 'confidentiality and Privacy' 'costs']

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Procedural Posture

Common Law Proceedings; Motion for General Access to Documents Produced Under Subpoena / Ex Tempore Procedural Ruling on Motion Filed 8 June 2016

Legal Issues

  1. 1 ['Whether the cross-claimant should be granted general access to documents produced under subpoena by Vodafone Hutchison Australia Pty Limited bearing packet number S-6.' 'Whether records relating to telephone number ending in 626 disclosed a forensic purpose despite that number not being owned by a cross-defendant.' 'Whether records relating to telephone number ending in 339 should be made available despite confidentiality and privacy concerns.' 'Who should pay the costs of the motion.']

Ratio Decidendi

General access was granted because the telephone records had a forensic purpose: records for the number ending in 626 could bear on whether cross-defendants spoke or used an intermediary in connection with the alleged misconduct, and records for the number ending in 339 should not be redacted on instructions that had already proved incorrect. Confidentiality concerns did not justify refusing access, although access and use of the 339 records were limited at this stage to counsel and solicitors for the cross-claimant. Costs followed the event, so the cross-defendants were ordered to pay the cross-claimant's costs of the motion.

Court Disposition

Motion granted; general access to the subpoenaed Vodafone documents was granted and costs were awarded to the cross-claimant.

Orders

  • ['General access to the documents produced under subpoena by Vodafone Hutchison Australia Pty Limited on 10 May 2016, bearing packet number S-6, is granted.' 'In relation to records pertaining to the number ending in 339, access is granted only to counsel and/or solicitors acting for the cross-claimant at this...