Lewis v Commissioner of Police [2023] NSWIRComm 1117

Categories of the summons to produce that are broad, vague, or lack apparent relevance are set aside, while categories that demonstrate apparent relevance and legitimate forensic purpose are ordered to be produced.

Parties: Applicant on Motion, Respondent in Substantive Matter: Commissioner of Police; Respondent on Motion, Applicant in Substantive Matter: Julie-Ann Lewis
Jurisdiction: Australia
Judgment Date: 04 December 2023
Procedural Posture: Application for Review of Removal From NSW Police Force / Procedural Motion to Set Aside Summons to Produce
Outcome: Summons to produce set aside in part; production ordered in part.
Legal Topics: Procedure and Powers, Summons to Produce, Apparent Relevance, Forensic Purpose, Discovery

Employment and Industrial Law Industrial Relations Law Procedure and Powers Summons to Produce Apparent Relevance Forensic Purpose Discovery

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2

Parties

Commissioner of Police

Applicant on Motion, Respondent in Substantive Matter

Julie-Ann Lewis

Respondent on Motion, Applicant in Substantive Matter

Procedural Posture

Application for Review of Removal From NSW Police Force / Procedural Motion to Set Aside Summons to Produce

Legal Issues

1 Whether categories of the summons to produce should be set aside or enforced based on apparent relevance and legitimate forensic purpose

Ratio Decidendi

Court Disposition

Summons to produce set aside in part; production ordered in part.

Orders

Set aside the Summons to produce with respect to categories 13, 33, 34, 35, 36 and 37.
Order production of categories 12, 38 and 39 by 4pm Thursday 7 December 2023.