Museth and Commissioner of Police [2003] NSWIRComm 5

Museth and Commissioner of Police [2003] NSWIRComm 5

The amended summons identifies the documents with sufficient particularity and is not unduly wide or vague; production is necessary for the fair disposition of the applicant's claim of unequal treatment. Annexure A is admissible for the limited purpose of establishing legitimate forensic purpose under s 75 of the Evidence Act 1995. The motion to set aside the amended paragraph 1 of the summons fails. Legitimacy and power to order production of warrants under paragraph 4 is reserved pending further submissions.

Jurisdiction
Australia
Judgment Date
21 January 2003
Procedural Posture
Application for Review (interlocutory) / Interlocutory Judgment on Notice of Motion to Set Aside Summons for Production
Outcome
Order made for production of documents under amended paragraph 1 of the summons; decision on paragraph 4 adjourned for further argument.
Legal Topics
['notice of Motion' 'summons for Production' 'forensic Purpose' 'fishing Expedition' 'production of Documents']
['practice and Procedure' 'industrial Relations'] ['notice of Motion' 'summons for Production' 'forensic Purpose' 'fishing Expedition' 'production of Documents']

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Procedural Posture

Application for Review (interlocutory) / Interlocutory Judgment on Notice of Motion to Set Aside Summons for Production

Legal Issues

  1. 1 ['Whether the amended summons for production of documents should be set aside as a fishing expedition or lacking legitimate forensic purpose' 'Whether the annexure supporting the summons is admissible and serves a proper forensic purpose' 'Whether the Commission has power to order production of warrants under the Telecommunications (Interception) Act 1979']

Ratio Decidendi

The amended summons identifies the documents with sufficient particularity and is not unduly wide or vague; production is necessary for the fair disposition of the applicant's claim of unequal treatment. Annexure A is admissible for the limited purpose of establishing legitimate forensic purpose under s 75 of the Evidence Act 1995. The motion to set aside the amended paragraph 1 of the summons fails. Legitimacy and power to order production of warrants under paragraph 4 is reserved pending further submissions.

Court Disposition

Order made for production of documents under amended paragraph 1 of the summons; decision on paragraph 4 adjourned for further argument.

Orders

  • ['Respondent to produce the specified documents relating to other officers arising out of Operation Jetz by 9.30 am on Friday 24 January 2003.' 'Matter of production of warrants in paragraph 4 of the summons to be addressed at that time; respondent may argue public interest immunity.']