Turnbull v Strange

[2018] NSWCA 157

Court of Appeal

Supreme Court

New South Wales

• Summary available
• Amendment notes

Medium Neutral Citation:

Turnbull v Strange [2018] NSWCA 157

Hearing dates:

25 June 2018

Date of orders:

25 June 2018

Decision date:

20 July 2018

Before:

Basten JA at [1];
Meagher JA at [23];
Emmett AJA at [29]

Decision:

1.   Grant the applicants leave to appeal.
2.   Direct the applicants to file within seven days the draft notice of appeal contained in the White Folder.
3.   Dismiss the appeal.
4.   Order that the applicants pay the respondent’s costs in this Court.

Catchwords:

CIVIL PROCEDURE — subpoenas — application to set aside – whether subpoena requiring public sector agency to disclose personal information should be set aside – Privacy and Personal Information Protection Act 1998 (NSW), ss 18, 23(6)

 

HUMAN RIGHTS – legislation – Privacy and Personal Information Protection Act 1998 (NSW) – meaning of “personal information” – whether recorded conversations “information… about an individual”

 

HUMAN RIGHTS – legislation – Privacy and Personal Information Protection Act 1998 (NSW) – whether subpoena should be set aside on basis that it required disclosure of personal information by public sector agency

WORDS AND PHRASES – “information or an opinion… about an individual” – Privacy and Personal Information Protection Act 1998 (NSW), s 4

Legislation Cited:

Conveyancing Act 1919 (NSW), s 37A
Privacy and Personal Information Protection Act 1998 (NSW), ss 4, 6, 17, 18, 22, 23, 24, 25; Div 1, Div 3, Pt 2
Uniform Civil Procedure Rules 2005 (NSW), r 33.2

Cases Cited:

Pi v State of New South Wales (No 4) [2015] NSWSC 1410
Privacy Commissioner v Telstra Corporation Ltd (2017) 249 FCR 24; [2017] FCAFC 4
Taciak v Commissioner of Australian Federal Police (1995) 59 FCR 285

Category:

Principal judgment

Parties:

Robeena June Turnbull and Grant Wesley Turnbull as executors for the Estate of the Late Robert Turnbull (First Applicant)
Robeena June Turnbull (Second Applicant)
Robert John Strange (Respondent)

Representation:

Counsel:
T Alexis SC/D J A Mackay (Applicants)
L Judd (Respondent)

  Solicitors:
Cole & Butler (Applicants)
Slater & Gordon (Respondent)

File Number(s):

2018/185887

 Decision under appeal 

Court or tribunal:

Supreme Court

Jurisdiction:

Equity Division

Citation:

[2018] NSWSC 898

Date of Decision:

12 June 2018

Before:

Lindsay J

File Number(s):

2016/00081312

headnote

[This headnote is not to be read as part of the judgment]

This matter concerned a subpoena issued in proceedings commenced by Robert Strange in the Supreme Court. The proceedings challenged a transfer of land made by Ian Turnbull to his wife prior to his death. The respondents in those proceedings were the executors of Mr Turnbull’s estate and Ms Robeena Turnbull. The subpoena required the Commissioner for Corrective Services to produce recordings of telephone conversations between Mr Turnbull and his wife and son.

The Commissioner produced the information to the Court without objection; however, the respondents objected to Mr Strange having access to the material, and applied for the subpoena to be set aside. At first instance, Lindsay J rejected the application; the respondents sought leave…