AF v Healthquest (No 2) [2009] NSWADT 262

AF v Healthquest (No 2) [2009] NSWADT 262

Leave is granted to issue the summons as the records may go to witness credit and potentially to issues in the case, demonstrating legitimate forensic purpose.

Parties
Applicant: AF; Respondent: Healthquest
Jurisdiction
Australia
Judgment Date
09 October 2009
Procedural Posture
Application Seeking Redress for Alleged Breach of Privacy Legislation / Interlocutory Issue Regarding Summons to Third Party
Outcome
Leave granted to applicant to issue summons to Australian Human Resources Institute.
Legal Topics
Summons to Produce Records, Forensic Purpose, Credit of Witness
Privacy Law Summons to Produce Records Forensic Purpose Credit of Witness

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Parties

AF

Applicant

Healthquest

Respondent

Procedural Posture

Application Seeking Redress for Alleged Breach of Privacy Legislation / Interlocutory Issue Regarding Summons to Third Party

Legal Issues

  1. 1 Whether a summons to the Australian Human Resources Institute for production of records relating to a witness serves a legitimate forensic purpose in the proceedings

Ratio Decidendi

Leave is granted to issue the summons as the records may go to witness credit and potentially to issues in the case, demonstrating legitimate forensic purpose.

Court Disposition

Leave granted to applicant to issue summons to Australian Human Resources Institute.

Orders

  • Leave is granted to the applicant to cause to be issued a summons addressed to the Australian Human Resources Institute seeking production of records in accordance with paragraphs 1 and 2 of the application for the issue of a summons filed by the applicant.