Elka Simjanovska v Roads and Traffic Authority. [2007] NSWIRComm 23

Elka Simjanovska v Roads and Traffic Authority. [2007] NSWIRComm 23

Given the sensitive nature of the medical records, access by the respondent is to be limited to three nominated solicitors, subject to written undertakings of confidentiality and use solely for the proceedings, and delayed until after the applicant has had exclusive access until 14 February 2007.

Jurisdiction
Australia
Judgment Date
12 February 2007
Procedural Posture
Appeal / Interlocutory Application on Appeal
Outcome
order for access varied on appeal
Legal Topics
['production of Documents' 'confidentiality' 'access to Medical Records' 'procedural Fairness']
['industrial Law'] ['production of Documents' 'confidentiality' 'access to Medical Records' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application on Appeal

Legal Issues

  1. 1 ['Whether the order for access to medical records produced on summons should be varied due to issues of confidentiality and the sensitive nature of documents' "Whether procedural fairness was accorded concerning the applicant's access to documents"]

Ratio Decidendi

Given the sensitive nature of the medical records, access by the respondent is to be limited to three nominated solicitors, subject to written undertakings of confidentiality and use solely for the proceedings, and delayed until after the applicant has had exclusive access until 14 February 2007.

Court Disposition

order for access varied on appeal

Orders

  • ['Access by the respondent to medical records produced on summons, including photocopying access, is granted only to three nominated solicitors for the respondent upon written confidentiality undertakings, to be used solely for proceedings.' "Respondent's access to be granted on or after 14 February 2007." 'No...