Kennett and Anor v Mayrana Pty Ltd and Ors (No 3) [2006] NSWIRComm 266

Kennett and Anor v Mayrana Pty Ltd and Ors (No 3) [2006] NSWIRComm 266

The applicants failed to show that delaying production until after the respondents filed their evidence was justified. On the pleadings and submissions, it was not properly available to conclude at this stage that the documents sought were irrelevant; the applicants themselves accepted that the respondents should ultimately have access to them. Granting the motions would delay the respondents' evidence, add unnecessary cost, and would not advance the orderly conduct of the s 106 proceedings. The motions were therefore dismissed.

Jurisdiction
Australia
Judgment Date
17 August 2006
Procedural Posture
Applications Under S.106 of the Industrial Relations Act 1996; Notices of Motion Concerning Summonses for Production of Documents / Reasons for Decision on Applicants' Interlocutory Motions to Delay Compliance With Summonses for Production
Outcome
Applicants' motions dismissed; costs reserved.
Legal Topics
['summons for Production of Documents' 'interlocutory Motions' 'production of Financial Records' 'expert Evidence' 'costs Reserved']
['industrial Law' 'civil Procedure' 'evidence'] ['summons for Production of Documents' 'interlocutory Motions' 'production of Financial Records' 'expert Evidence' 'costs Reserved']

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Procedural Posture

Applications Under S.106 of the Industrial Relations Act 1996; Notices of Motion Concerning Summonses for Production of Documents / Reasons for Decision on Applicants' Interlocutory Motions to Delay Compliance With Summonses for Production

Legal Issues

  1. 1 ['Whether compliance with two summonses for production of documents should be delayed until after the respondents had filed their evidence.' 'Whether the documents sought by the summonses were irrelevant to the issues in the proceedings or too broad in scope.' 'Whether delaying production would serve the interests of justice in applications under s.106 of the Industrial Relations Act 1996.']

Ratio Decidendi

The applicants failed to show that delaying production until after the respondents filed their evidence was justified. On the pleadings and submissions, it was not properly available to conclude at this stage that the documents sought were irrelevant; the applicants themselves accepted that the respondents should ultimately have access to them. Granting the motions would delay the respondents' evidence, add unnecessary cost, and would not advance the orderly conduct of the s 106 proceedings. The motions were therefore dismissed.

Court Disposition

Applicants' motions dismissed; costs reserved.

Orders

  • ["The applicants' two motions filed on 4 August 2006 were dismissed." 'The costs of the motion were reserved.']