Arnold v Matsias (No 2) [2018] NSWSC 922

Arnold v Matsias (No 2) [2018] NSWSC 922

The subpoena is not a fishing expedition: there is a legitimate forensic purpose for seeking the clinical notes of the defendant’s other patients on the relevant dates, namely to determine whether the defendant's entries as to date and warnings given were made contemporaneously or were non-standard, and production is not oppressive or unduly invasive of privacy so long as appropriate redactions are made.

Parties
Plaintiff: Simon Arnold; Defendant: Chris Matsias
Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Civil / Interlocutory Application – Motion to Set Aside Subpoena
Outcome
Defendant's motion to set aside subpoena dismissed.
Legal Topics
Subpoenas, Application to Set Aside, Forensic Purpose, Privacy and Confidentiality, Fishing Expeditions
Civil Procedure Subpoenas Application to Set Aside Forensic Purpose Privacy and Confidentiality Fishing Expeditions

Case Brief

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Parties

Simon Arnold

Plaintiff

Chris Matsias

Defendant

Procedural Posture

Civil / Interlocutory Application – Motion to Set Aside Subpoena

Legal Issues

  1. 1 Whether the subpoena issued to Mend Physio Kingsgrove should be set aside as an impermissible fishing expedition or if it has a legitimate forensic purpose.
  2. 2 Whether production of redacted clinical notes concerning unrelated patients is justified in light of privacy and confidentiality concerns.

Ratio Decidendi

The subpoena is not a fishing expedition: there is a legitimate forensic purpose for seeking the clinical notes of the defendant’s other patients on the relevant dates, namely to determine whether the defendant's entries as to date and warnings given were made contemporaneously or were non-standard, and production is not oppressive or unduly invasive of privacy so long as appropriate redactions are made.

Court Disposition

Defendant's motion to set aside subpoena dismissed.

Orders

  • The defendant's motion to set aside the subpoena issued upon Mend Physio Kingsgrove on 13 March 2018 is dismissed.
  • Costs be costs in the cause.