| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA358/2018 [2019] NZCA 438 |
| BETWEEN | ADAM RAPHAEL GREENBAUM |
| AND | SOUTHERN CROSS HOSPITALS LIMITED |
| Hearing: | 27 November 2018 |
Court: | Williams, Peters and Gendall JJ |
Counsel: | J Long and J K Grimmer for Appellant |
Judgment: | 18 September 2019 at 10.00 am |
JUDGMENT OF THE COURT
AThe appeal is dismissed.
BThe appellant must pay the respondent’s costs for a standard appeal on a band A basis with usual disbursements.
____________________________________________________________________
REASONS
Peters and Gendall JJ [1]
Williams J [81]
PETERS AND GENDALL JJ
(Given by Peters J)
Introduction
The appellant, Mr Greenbaum, appeals against a decision of Toogood J in which the Judge dismissed his application for non-party discovery from the respondent, Southern Cross Hospitals Ltd (Southern Cross).[1]
[1]Greenbaum v Waikato District Health Board [2018] NZHC 1273 [High Court judgment]; and High Court Rules 2016, r 8.21.
Mr Greenbaum is a United Kingdom trained plastic surgeon. He and his family immigrated to New Zealand in 2009 and in 2010 he accepted a position with the Waikato District Health Board (WDHB). Differences developed between Mr Greenbaum and WDHB later that year, culminating in an agreement in December 2010 that Mr Greenbaum would resign from WDHB, which he did in early 2011 after obtaining vocational registration from the Medical Council of New Zealand (MCNZ). More detail about the background is set out below.
In 2011 and 2012, Mr Greenbaum applied to be “credentialled” to use the facilities of four private hospitals in the Waikato region, including one operated by Southern Cross. Each hospital declined to grant credentials to Mr Greenbaum.
Mr Greenbaum commenced this proceeding against WDHB and Dr Tom Watson (the defendants) in 2017. Dr Watson was the Chief Medical Advisor at WDHB at the time Mr Greenbaum sought credentials. The essence of Mr Greenbaum’s proceeding is that the private hospitals declined Mr Greenbaum credentials because the defendants interfered, unlawfully, in the credentialling process. The defendants deny the allegations.
Mr Greenbaum’s application for third party discovery, that is, the one Toogood J declined, was against Southern Cross and another of the private hospitals, Braemar Hospital Ltd (Braemar), seeking two categories of documents. The first category was “comparative material” to enable Mr Greenbaum to compare the manner in which the two hospitals determined his application for credentials with those made by third parties. Toogood J declined this application and there is no appeal against that aspect of the decision.
Secondly, Mr Greenbaum sought what was referred to as “evaluative material” concerning or referring to him. Braemar has no such documents but Southern Cross does. As we understand it, the documents comprise notes of discussions between Southern Cross personnel and Dr Watson and/or WDHB personnel, whether doctors, nurses or administrators, for whom MrGreenbaum contends WDHB would be vicariously liable. Southern Cross sought and received the information in confidence, having given an assurance of confidentiality based on a “waiver” in…
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- Case
- [2019] NZCA 438
- Decision Date
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