Forbes v Tang [2018] NSWDC 320

Forbes v Tang [2018] NSWDC 320

The requirements for preliminary discovery under r 5.3 Uniform Civil Procedure Rules 2005 (NSW) are satisfied: the applicant may be entitled to claim relief against the prospective defendant, reasonable enquiries have been made without success, the prospective defendant may possess relevant documents, and production is necessary to allow an informed decision on litigation. The asserted confidentiality does not preclude the making of these orders due to s 13 Health Records and Information Privacy Act 2002 (NSW).

Jurisdiction
Australia
Judgment Date
12 September 2018
Procedural Posture
Civil / Pre Trial Discovery Application
Outcome
Orders for discovery granted
Legal Topics
['pre Trial Discovery' 'professional Negligence' 'medical Records' 'confidentiality']
['civil Procedure'] ['pre Trial Discovery' 'professional Negligence' 'medical Records' 'confidentiality']

Case Brief

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Procedural Posture

Civil / Pre Trial Discovery Application

Legal Issues

  1. 1 ['Whether preliminary discovery should be granted to allow the plaintiff access to certain medical records held by the prospective defendant' 'Whether reasonable enquiries have been made to obtain the documents' 'Whether confidentiality under the Health Records and Information Privacy Act 2002 (NSW) prevents discovery']

Ratio Decidendi

The requirements for preliminary discovery under r 5.3 Uniform Civil Procedure Rules 2005 (NSW) are satisfied: the applicant may be entitled to claim relief against the prospective defendant, reasonable enquiries have been made without success, the prospective defendant may possess relevant documents, and production is necessary to allow an informed decision on litigation. The asserted confidentiality does not preclude the making of these orders due to s 13 Health Records and Information Privacy Act 2002 (NSW).

Court Disposition

Orders for discovery granted

Orders

  • ['Order 1 of the Summons is granted and pursuant to r 5.3(1) and (3) Uniform Civil Procedure Rules 2005 (NSW), Dr Stanley Tang is to give discovery of the documents set out in the Schedule of Documents to be Discovered, as attached to the Summons filed on 13 August 2018.' 'The documents Dr Tang holds which respond...