GDT v Owners Corporation (SP: 12789) [2024] NSWCATAD 167

GDT v Owners Corporation (SP: 12789) [2024] NSWCATAD 167

The Covering Letter, Attachment 1, Attachment 2 and Supporting Document 1 had apparent relevance and a legitimate forensic purpose because they concerned communications with the applicants as tenants, alleged changed mobile phone numbers, and contact details supplied for communication about maintenance and repairs, which were issues in the substantive victimisation proceedings. Supporting Document 2, consisting of passport copies, did not have a legitimate forensic purpose because it did not assist in confirming contact details used during the relevant period and was sensitive in nature, so the respondents should not have access to it.

Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Administrative and Equal Opportunity Division Proceedings Concerning Alleged Victimisation Under the Anti Discrimination Act 1977 (nsw) / Interim Order Hearing Concerning Objections to Access to Documents Produced Under Summons
Outcome
The applicants' objection was upheld in relation to Supporting Document 2 only; the respondents were granted general access to the remaining documents produced by Ms Lian.
Legal Topics
['summons to Produce Documents or Things' 'access to Documents Produced Under Summons' 'objections to Production and Access' 'apparent Relevance' 'legitimate Forensic Purpose' 'sensitive Personal Information' 'implied Undertaking']
['civil Procedure' 'administrative Law' 'anti Discrimination Law'] ['summons to Produce Documents or Things' 'access to Documents Produced Under Summons' 'objections to Production and Access' 'apparent Relevance' 'legitimate Forensic Purpose' 'sensitive Personal Information' 'implied Undertaking']

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Procedural Posture

Administrative and Equal Opportunity Division Proceedings Concerning Alleged Victimisation Under the Anti Discrimination Act 1977 (nsw) / Interim Order Hearing Concerning Objections to Access to Documents Produced Under Summons

Legal Issues

  1. 1 ['Whether the respondents should be given general access to documents produced by Ms Lian in response to the summons issued on 19 March 2024.' 'Whether the attachments produced by Ms Lian had apparent relevance or a legitimate forensic purpose in the substantive victimisation proceedings.' 'Whether Supporting Document 2, comprising copies of passports, should be withheld because it was irrelevant and sensitive in nature.']

Ratio Decidendi

The Covering Letter, Attachment 1, Attachment 2 and Supporting Document 1 had apparent relevance and a legitimate forensic purpose because they concerned communications with the applicants as tenants, alleged changed mobile phone numbers, and contact details supplied for communication about maintenance and repairs, which were issues in the substantive victimisation proceedings. Supporting Document 2, consisting of passport copies, did not have a legitimate forensic purpose because it did not assist in confirming contact details used during the relevant period and was sensitive in nature, so the respondents should not have access to it.

Court Disposition

The applicants' objection was upheld in relation to Supporting Document 2 only; the respondents were granted general access to the remaining documents produced by Ms Lian.

Orders

  • ['The respondents are to be given general access to all documents produced by Ms Lian on 9 April 2024 in response to the Summons issued on 19 March 2024 apart from Supporting Document 2.']