Bright v Femcare Ltd

FEDERAL COURT OF AUSTRALIA

Bright v Femcare Ltd [2000] FCA 1394

KERRIE BRIGHT v FEMCARE LIMITED and ENDOVASIVE PTY LIMITED

N 410 OF 1999

LEHANE J
20 SEPTEMBER 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 410 OF 1999

BETWEEN:

KERRIE BRIGHT
APPLICANT

AND:

FEMCARE LIMITED
FIRST RESPONDENT

ENDOVASIVE PTY LIMITED
(ACN 061 512 132)
SECOND RESPONDENT

JUDGE:

LEHANE J

DATE OF ORDER:

20 SEPTEMBER 2000

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The Toowoomba Base Hospital produce documents in answer to the subpoena dated 7 July 2000 addressed to it, to the extent that the documents comprise correspondence, together with annexures, to and from doctors whose patients underwent Filshie clip sterilisation procedures, but need not produce any list prepared by the hospital of patients who underwent such procedures.

2.The legal advisers of the parties be permitted to inspect the documents so produced, subject to the following conditions:

(i)the names and details of the patients who underwent the Filshie clip sterilisation procedures should not be disclosed to anyone other than the legal advisers of the parties;

(ii)until further order of the Court, the documents may only be used in relation to the motions under s 33N of the Federal Court of Australia Act 1976 (Cth) which are listed for hearing on 6 and 7 November 2000;

(iii)until further order of the Court, no party is to approach any patient or doctor, who is referred to in the documents, in connection with this litigation (though the parties may continue to have contact with any such patient or doctor with whom they have already made contact).

3.The applicant and Toowoomba Base Hospital each pay her or its own costs of today’s hearing in relation to the subpoena addressed to the hospital.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 410 OF 1999

BETWEEN:

KERRIE BRIGHT
APPLICANT

AND:

FEMCARE LIMITED
FIRST RESPONDENT

ENDOVASIVE PTY LIMITED
(ACN 061 512 132)
SECOND RESPONDENT

JUDGE:	LEHANE J
DATE:	20 SEPTEMBER 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The matter now before me is a subpoena for production addressed to the Toowoomba Base Hospital.  The subpoena calls for production to the Court of documents falling within a number of categories, several of which correspond closely with categories called for in the subpoenas with which I dealt in the previous judgment delivered on 8 September 2000.

2. The hospital appeared by senior counsel.  To the extent that the subpoena does not call for production of documents in classes extending beyond those covered by the subpoenas amended in accordance with my reasons of 8 September, it does not object to production or to the inspection by the parties of documents when produced.  There is, however, included among the documents called for by the subpoena addressed to the hospital a further category expressed as follows:

   “Correspondence, together with annexures, to and from any doctors whose…