Kenneth Allen v NatWest Markets Australia Ltd & Salomon Smith Barney Australia Limited [2000] NSWIRComm 54

Kenneth Allen v NatWest Markets Australia Ltd & Salomon Smith Barney Australia Limited [2000] NSWIRComm 54

The applicant is directed to file and serve an affidavit in support of the amendment to the summons; discovery is ordered only in respect of specified documents where relevance is demonstrated, and not ordered where requests are insufficiently particularised or overbroad.

Jurisdiction
Australia
Judgment Date
28 March 2000
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Interlocutory Judgment (motion to Amend Summons and Discovery)
Outcome
Interlocutory orders: directions given on amendment and discovery requests.
Legal Topics
['unfair Contract' 'interlocutory Applications' 'amendment of Summons' 'discovery']
['industrial Law'] ['unfair Contract' 'interlocutory Applications' 'amendment of Summons' 'discovery']

Case Brief

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Interlocutory Judgment (motion to Amend Summons and Discovery)

Legal Issues

  1. 1 ['Whether applicant should be permitted to amend summons to allege unfair benefit to employees under redundancy arrangements' 'Whether discovery should be ordered in relation to documents sought by applicant']

Ratio Decidendi

The applicant is directed to file and serve an affidavit in support of the amendment to the summons; discovery is ordered only in respect of specified documents where relevance is demonstrated, and not ordered where requests are insufficiently particularised or overbroad.

Court Disposition

Interlocutory orders: directions given on amendment and discovery requests.

Orders

  • ['Applicant directed to file and serve affidavit in support of amendment by 7 April 2000.' 'If no further objection to amendment, respondent to file affidavit by 28 April 2000, with two weeks for reply.' 'Any continuing objection to amendment to be relisted for further hearing.' 'Orders for discovery made in...