Karunaratne and Comcare (Compensation)

This matter concerned an objection by the Department to a summons issued in the course of proceedings brought by Mr Karunaratne against Comcare. Mr Karunaratne had lodged a claim for compensation for a psychiatric ailment, alleging bullying in the workplace. The summons required the Department to produce various records relating to Mr Karunaratne's employment and the issues raised in his claim.

The central legal issues before the Tribunal were whether the summons was valid and whether it was oppressive or an abuse of process. Specifically, the Tribunal had to determine the principles governing the production of documents in compensation claims, the extent of a "legitimate forensic purpose," and the criteria for assessing whether a summons is overly broad or unduly burdensome.

The Tribunal distilled several principles from relevant authorities. It held that documents are material if they are relevant, possibly relevant, or might raise a new issue or provide a lead to evidence. Production is required where a legitimate forensic purpose is demonstrated, which includes informing lines of inquiry, identifying witnesses, or assisting in framing questions. A "fishing expedition" without a reasonable basis is not a legitimate forensic purpose. However, seeking apparently relevant documents for cross-examination, even without knowing if they will assist, is not considered fishing. The Tribunal also noted that a summons may be set aside if it is oppressive, considering its terms, the recipient's connection to the issues, the burden of compliance, and the relevance of the documents sought.

The Tribunal found that while the summons had a legitimate forensic purpose, its scope was too broad and therefore oppressive in part. It concluded that it was possible to narrow the scope of the summons. Accordingly, the objection was upheld, and Mr Karunaratne was given seven days to file revised terms for the summons. If revised terms were not filed within that period, the summons would be vacated.