Strange v Turnbull [2018] NSWSC 898

The Privacy and Personal Information Protection Act 1998 (NSW) does not operate as an impediment to enforcement of the subpoena in this case, and Corrective Services NSW is required to respond to the subpoena and produce the documents as specified within the agreed period.

Jurisdiction: Australia
Judgment Date: 12 June 2018
Procedural Posture: Civil / Interlocutory Application to Set Aside Subpoena
Outcome: Application to set aside subpoena dismissed
Legal Topics: ['subpoenas' 'disclosure of Personal Information' 'limits on Disclosure' 'privacy Exemptions' 'abuse of Process']

['civil Procedure' 'privacy Law' 'equity'] ['subpoenas' 'disclosure of Personal Information' 'limits on Disclosure' 'privacy Exemptions' 'abuse of Process']

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Procedural Posture

Civil / Interlocutory Application to Set Aside Subpoena

Legal Issues

1 ['Whether production of materials sought by subpoena is precluded by the Privacy and Personal Information Protection Act 1998 (NSW)' 'Whether the subpoena should be set aside as an abuse of process (fishing expedition)']

Ratio Decidendi

Court Disposition

Application to set aside subpoena dismissed

Orders

["Claims for relief made in paragraphs 5 and 6 of the defendants' motion dismissed" 'Corrective Services subpoena to be enforced with scope limited to period from 29 July 2014 to 3 October 2015' 'Court reserves opportunity to deliver supplementary reasons for determination about Privacy and Personal Information...