19 Feb 2008
BRIAN ALFRED HALL v. SECRETARY FOR JUSTICE
- Citation
- BRIAN ALFRED HALL v. SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCSA24/2006
The Adjudicator erred in law by concluding she had no authority to impose conditions on a discovery/production order; section 37 (and, if necessary, implied ancillary powers) empowers the Tribunal to impose reasonable conditions to protect interests including security and privacy; additionally the Adjudicator failed to give adequate reasons for rejecting the Secretary's security-related grounds; the correct remedy is to set aside the decision and remit the matter for reconsideration with liberty to present evidence on conditions.