These proceedings involve a dispute between a private hospital and a private health insurer about amounts payable by the insurer under the Private Health Insurance (Benefits Requirements) Rules 2011 (Cth).
The applicant hospital sought discovery of agreements that the respondent insurer had entered with other private hospitals. The discovery was sought to enable the applicant to quantify the amount that it claims to have been underpaid.
The respondent opposed giving discovery at this stage on the ground that it was appropriate for issues of quantum to be tried separately and after all the other issues in the proceeding.
Derrington J declined to make an order for separate determination and granted discovery. However, his Honour also made confidentiality orders limiting access to the discovered documents to the applicant’s external lawyers.
Angus O’Brien appeared for the respondent, instructed by Minter Ellison.
The judgment is available here.