La Valette v Chambers-Grundy [2019] NSWSC 1355

La Valette v Chambers-Grundy [2019] NSWSC 1355

The proposed notice to produce post-death communications with medical practitioners lacked a legitimate forensic purpose and was a fishing expedition. A further direction requiring the first defendant to complete medical release forms was unnecessary because existing orders already required her to produce documents within her possession, custody or control, which included documents she could obtain as executrix, and evidence showed release forms had been completed and forwarded. Leave for a subpoena and letter of request to Bermuda was refused because the 1970 Convention was not in force there, inherent jurisdiction was doubtful, and comity weighed against issuing an unenforceable...

Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Interlocutory Notice of Motion in Family Provision Proceedings Seeking Production of Medical Records, Notices to Produce, Subpoenas and Letters of Request / Procedural Ruling on Notice of Motion Filed 30 August 2019
Outcome
Notice of motion partly refused and partly deferred; costs reserved.
Legal Topics
['notice to Produce' 'fishing Expedition' 'production of Medical Records' 'subpoenas for Overseas Recipients' 'letters of Request' 'hague Evidence Convention' 'possession, Custody or Control' 'family Provision Claim']
['civil Procedure' 'private International Law' 'succession and Family Provision'] ['notice to Produce' 'fishing Expedition' 'production of Medical Records' 'subpoenas for Overseas Recipients' 'letters of Request' 'hague Evidence Convention' 'possession, Custody or Control' 'family Provision Claim']

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Procedural Posture

Interlocutory Notice of Motion in Family Provision Proceedings Seeking Production of Medical Records, Notices to Produce, Subpoenas and Letters of Request / Procedural Ruling on Notice of Motion Filed 30 August 2019

Legal Issues

  1. 1 ["Whether leave should be granted to issue a notice to produce to the first defendant for documents recording communications with overseas medical practitioners after the deceased's death." "Whether the first defendant should be directed to complete application forms or other documents for release of the deceased's medical records from overseas medical providers." "Whether leave should be granted to issue subpoenas coupled with letters of request to medical practitioners or clinics in Bermuda, Nevada, California and Florida for production of the deceased's medical records." 'Whether the Court had or should exercise jurisdiction, under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters or inherent jurisdiction, to request assistance from foreign courts for production of documents.']

Ratio Decidendi

The proposed notice to produce post-death communications with medical practitioners lacked a legitimate forensic purpose and was a fishing expedition. A further direction requiring the first defendant to complete medical release forms was unnecessary because existing orders already required her to produce documents within her possession, custody or control, which included documents she could obtain as executrix, and evidence showed release forms had been completed and forwarded. Leave for a subpoena and letter of request to Bermuda was refused because the 1970 Convention was not in force there, inherent jurisdiction was doubtful, and comity weighed against issuing an unenforceable...

Court Disposition

Notice of motion partly refused and partly deferred; costs reserved.

Orders

  • ['Refuse leave for the issue of the notice to produce to the first defendant.' 'Refuse the application for a direction to be made to the first defendant to complete application forms for the release of medical records.' "Refuse leave for the issue of a subpoena coupled with a letter of request to be sent to the...