Topine v Canterbury Bankstown Bulldogs Rugby League Club Limited (No 2) [2024] NSWSC 1607

Access is granted to the defendants to documents produced by health professionals except for certain parts deemed to still attract privilege, based on consideration of disclosed information, probative value, and nature of claimed harm per s 126B.

Parties: Plaintiff: Jackson Topine; First Defendant: Canterbury Bankstown Bulldogs Rugby League Club Limited; Second Defendant: Travis Touma
Jurisdiction: Australia
Judgment Date: 18 December 2024
Procedural Posture: Civil Procedure / Procedural Ruling Regarding Access to Documents Produced Under Subpoena
Outcome: Access granted to documents with specified redactions
Legal Topics: Subpoenas, Protected Confidence, Professional Privilege, Access to Documents

Civil Procedure Subpoenas Protected Confidence Professional Privilege Access to Documents

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 Procedure / Procedural Ruling Regarding Access to Documents Produced Under Subpoena

Legal Issues

1 Whether access should be granted to documents produced by health professionals over which privilege is claimed under s 126B of the Evidence Act 1995 (NSW)
2 Whether the material has probative value
3 Whether the substance of the protected confidence has already been disclosed by the plaintiff

Ratio Decidendi

Court Disposition

Access granted to documents with specified redactions

Orders

Access is granted to the documents produced by Dr Michael Atherton, Mr John Carmody and Ms Jan Earl as provided in para [11] of this judgment