Turnbull v Strange [2018] NSWCA 157

Turnbull v Strange [2018] NSWCA 157

The appeal was dismissed because disclosure or production required by the subpoena was within the exemption in s 23(5)(c) of the Privacy and Personal Information Protection Act 1998 (NSW), that exemption was not confined to law enforcement or public revenue purposes, and s 23(6) did not preserve the prohibition in s 18 or negate the operation of s 23(5)(c). Further, the Act did not affect the Court's judicial function in issuing subpoenas or controlling access to subpoenaed material.

Jurisdiction
Australia
Judgment Date
20 July 2018
Procedural Posture
Application for Leave to Appeal and Appeal Concerning Subpoena and Access to Subpoenaed Material / Court of Appeal From Interlocutory Decision of Lindsay J in the Supreme Court, Equity Division
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
['subpoenas' 'disclosure of Personal Information by Public Sector Agency' 'privacy and Personal Information Protection Act 1998 (nsw)' 'judicial Functions of Courts' 'application to Set Aside Subpoena']
['civil Procedure' 'privacy Law' 'human Rights'] ['subpoenas' 'disclosure of Personal Information by Public Sector Agency' 'privacy and Personal Information Protection Act 1998 (nsw)' 'judicial Functions of Courts' 'application to Set Aside Subpoena']

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Procedural Posture

Application for Leave to Appeal and Appeal Concerning Subpoena and Access to Subpoenaed Material / Court of Appeal From Interlocutory Decision of Lindsay J in the Supreme Court, Equity Division

Legal Issues

  1. 1 ['Whether the subpoena should be set aside on the basis that it required Corrective Services NSW to disclose personal information in breach of s 18 of the Privacy and Personal Information Protection Act 1998 (NSW).' 'Whether the exemption in s 23(5)(c) of the Privacy and Personal Information Protection Act 1998 (NSW) is limited to disclosure authorised or required by subpoena for law enforcement purposes or protection of the public revenue.' 'Whether s 23(6) of the Privacy and Personal Information Protection Act 1998 (NSW) constrained the exemption in s 23(5)(c).' 'Whether access to material produced under subpoena should be refused to any person.']

Ratio Decidendi

The appeal was dismissed because disclosure or production required by the subpoena was within the exemption in s 23(5)(c) of the Privacy and Personal Information Protection Act 1998 (NSW), that exemption was not confined to law enforcement or public revenue purposes, and s 23(6) did not preserve the prohibition in s 18 or negate the operation of s 23(5)(c). Further, the Act did not affect the Court's judicial function in issuing subpoenas or controlling access to subpoenaed material.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • ['Grant the applicants leave to appeal.' 'Direct the applicants to file within seven days the draft notice of appeal contained in the White Folder.' 'Dismiss the appeal.' "Order that the applicants pay the respondent's costs in this Court."]