Harvey and Anor v State of New South Wales [2005] NSWSC 1390

Harvey and Anor v State of New South Wales [2005] NSWSC 1390

Access to documents produced under subpoena is granted where the apparent relevance test is satisfied, privacy concerns can be managed by the implied undertaking and, where appropriate, sensitive information can be edited before inspection.

Parties
First Plaintiff: Bruce Harvey; Second Plaintiff: Bruce Harvey Enterprises Limited; Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
16 June 2005
Procedural Posture
Application for Inspection of Documents Produced on Subpoena / Decision on Access to Subpoenaed Documents
Outcome
Access to documents granted, some sensitive information redacted.
Legal Topics
Subpoena, Production of Documents, Inspection of Documents, Privacy, Implied Undertaking
Practice and Procedure Subpoena Production of Documents Inspection of Documents Privacy Implied Undertaking

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Parties

Bruce Harvey

First Plaintiff

Bruce Harvey Enterprises Limited

Second Plaintiff

State of New South Wales

Defendant

Procedural Posture

Application for Inspection of Documents Produced on Subpoena / Decision on Access to Subpoenaed Documents

Legal Issues

  1. 1 Whether inspection of documents produced under subpoena ought be permitted
  2. 2 Consideration of apparent relevance and privacy issues
  3. 3 Application of implied undertakings to documents produced under subpoena

Ratio Decidendi

Access to documents produced under subpoena is granted where the apparent relevance test is satisfied, privacy concerns can be managed by the implied undertaking and, where appropriate, sensitive information can be edited before inspection.

Court Disposition

Access to documents granted, some sensitive information redacted.

Orders

  • Access to documents (excluding confidential Exhibit DM1) is granted to the parties.
  • Access to the handwritten and typewritten documents within confidential Exhibit DM1 is granted after deletion of two names from the typewritten document.