Roberts-Smith v Fairfax Media Publications Pty Limited (No 16) [2021] FCA 584

Roberts-Smith v Fairfax Media Publications Pty Limited (No 16) [2021] FCA 584

The subpoena to Dr Gogna was too wide because it sought nearly four and a half years of the applicant's medical file and was not confined to relevant issues, despite possible relevance to the applicant's mental distress and anxiety. The subpoenas to Dr Lawford and Dr Sonderegger had sufficient relevance to issues in the case, including the applicant's mental health, Afghanistan-related matters, the alleged separation of the applicant and Ms Roberts, and the applicant's relationship with Person 17. Paragraph 2 of the notice to produce was justified only to the extent it sought recording extracts published in the article relevant to aggravated damages; it could not be used to obtain other...

Jurisdiction
Australia
Judgment Date
02 June 2021
Procedural Posture
Defamation Proceedings / Interlocutory Applications to Set Aside Subpoenas to Produce Documents and Paragraph 2 of a Notice to Produce
Outcome
The subpoena to Dr Parbodh Gogna was set aside; the applicant's amended interlocutory application was otherwise dismissed; the parties were to be heard on the order to be made concerning paragraph 2 of the notice to produce.
Legal Topics
['subpoenas to Produce Documents' 'notice to Produce' 'legitimate Forensic Purpose' 'apparent Relevance' 'fishing, Oppression and Overbreadth' 'aggravated Damages' 'medical and Counselling Records']
['practice and Procedure' 'defamation'] ['subpoenas to Produce Documents' 'notice to Produce' 'legitimate Forensic Purpose' 'apparent Relevance' 'fishing, Oppression and Overbreadth' 'aggravated Damages' 'medical and Counselling Records']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Applications to Set Aside Subpoenas to Produce Documents and Paragraph 2 of a Notice to Produce

Legal Issues

  1. 1 ['Whether three subpoenas to produce documents addressed to Dr Parbodh Gogna, Dr Bruce Lawford and Dr Robi Sonderegger had a legitimate forensic purpose and were not too wide, oppressive or fishing.' "Whether paragraph 2 of the applicant's notice to produce seeking covert recordings in the possession of the respondents had a legitimate forensic purpose." "Whether the respondents should produce covert recording extracts referred to in the newspaper article for the applicant's aggravated damages claim."]

Ratio Decidendi

The subpoena to Dr Gogna was too wide because it sought nearly four and a half years of the applicant's medical file and was not confined to relevant issues, despite possible relevance to the applicant's mental distress and anxiety. The subpoenas to Dr Lawford and Dr Sonderegger had sufficient relevance to issues in the case, including the applicant's mental health, Afghanistan-related matters, the alleged separation of the applicant and Ms Roberts, and the applicant's relationship with Person 17. Paragraph 2 of the notice to produce was justified only to the extent it sought recording extracts published in the article relevant to aggravated damages; it could not be used to obtain other...

Court Disposition

The subpoena to Dr Parbodh Gogna was set aside; the applicant's amended interlocutory application was otherwise dismissed; the parties were to be heard on the order to be made concerning paragraph 2 of the notice to produce.

Orders

  • ['The subpoena to produce documents dated 12 April 2021 and addressed to Dr Parbodh Gogna be set aside.' "The applicant's Amended Interlocutory application dated 19 May 2021 be otherwise dismissed." 'The parties be heard on the order to be made with respect to paragraph 2 of the Notice to produce served by the...