Morrow v Brambles Australia Limited [2001] NSWCC 77

Morrow v Brambles Australia Limited [2001] NSWCC 77

Sections 118 and 119 of the Evidence Act 1995 did not apply to the reports because at the time they were prepared, proceedings had not commenced and the dominant purpose was not to obtain legal advice or prepare for litigation but rather to allow the respondent to advise itself as to whether to meet the claim. Therefore, privilege did not attach and access should be granted.

Parties
Applicant: Dianne Morrow; Respondent: Brambles Australia Limited t/as Brambles Linen
Jurisdiction
Australia
Judgment Date
11 May 2001
Procedural Posture
Notice of Motion (application for Review) / Review of Registrar's Decision
Outcome
Application for review allowed; Registrar's decision discharged; applicant granted access to the medical reports; respondent to pay applicant's costs as agreed or assessed.
Legal Topics
Legal Professional Privilege, Access to Medical Reports
Evidence Workers Compensation Legal Professional Privilege Access to Medical Reports

Case Brief

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Parties

Dianne Morrow

Applicant

Brambles Australia Limited t/as Brambles Linen

Respondent

Procedural Posture

Notice of Motion (application for Review) / Review of Registrar's Decision

Legal Issues

  1. 1 Whether the applicant is entitled to access medical reports of Dr Bodel held under claim of legal privilege by the respondent
  2. 2 Whether sections 118 and 119 of the Evidence Act 1995 apply to the medical reports prepared prior to litigation

Ratio Decidendi

Sections 118 and 119 of the Evidence Act 1995 did not apply to the reports because at the time they were prepared, proceedings had not commenced and the dominant purpose was not to obtain legal advice or prepare for litigation but rather to allow the respondent to advise itself as to whether to meet the claim. Therefore, privilege did not attach and access should be granted.

Court Disposition

Application for review allowed; Registrar's decision discharged; applicant granted access to the medical reports; respondent to pay applicant's costs as agreed or assessed.

Orders

  • Registrar's decision discharged.
  • Applicant granted access to the reports of Dr Bodel dated 10 June 1997.