Topine v Canterbury Bankstown Bulldogs Rugby League Club Limited [2024] NSWSC 1462

Topine v Canterbury Bankstown Bulldogs Rugby League Club Limited [2024] NSWSC 1462

The subpoena addressed to the plaintiff's solicitor was set aside in respect of paragraphs 2(a)-(d) because all communications with the plaintiff's father and agents were subject to client legal privilege; privilege over communications between the solicitor and health care professionals related to disclosed reports was waived, but subsequent correspondence or documents may still attract protection under s 126B of the Evidence Act, requiring judicial inspection and further hearing to determine privilege claims.

Parties
Plaintiff: Jackson Topine; First Defendant: Canterbury Bankstown Bulldogs Rugby League Club Limited; Second Defendant: Travis Touma
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Civil / Interlocutory Determination on Subpoenas and Privilege Objections
Outcome
Subpoena set aside in part; further hearing required for privilege claims over medical professionals' documents.
Legal Topics
Subpoenas, Client Legal Privilege, Protected Confidence, Production of Documents, Evidence
Civil Procedure Subpoenas Client Legal Privilege Protected Confidence Production of Documents Evidence

Case Brief

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Parties

Jackson Topine

Plaintiff

Canterbury Bankstown Bulldogs Rugby League Club Limited

First Defendant

Travis Touma

Second Defendant

Procedural Posture

Civil / Interlocutory Determination on Subpoenas and Privilege Objections

Legal Issues

  1. 1 Whether subpoena issued to plaintiff's solicitor should be set aside due to client legal privilege
  2. 2 Whether client legal privilege was waived in respect of communications with health care professionals by serving their reports
  3. 3 Whether correspondence subsequent to preparation of reports is protected under s 126B of the Evidence Act

Ratio Decidendi

The subpoena addressed to the plaintiff's solicitor was set aside in respect of paragraphs 2(a)-(d) because all communications with the plaintiff's father and agents were subject to client legal privilege; privilege over communications between the solicitor and health care professionals related to disclosed reports was waived, but subsequent correspondence or documents may still attract protection under s 126B of the Evidence Act, requiring judicial inspection and further hearing to determine privilege claims.

Court Disposition

Subpoena set aside in part; further hearing required for privilege claims over medical professionals' documents.

Orders

  • The subpoena addressed to Abdullah Reslan dated 11 July 2024 is set aside so far as it concerns paragraph 2(a)-(d).
  • Further hearing to enable inspection of documents over which privilege is claimed by health care professionals.