Esso Australia Pty Ltd v Australian Workers Union (No 2) [2018] FCA 2089

Esso Australia Pty Ltd v Australian Workers Union (No 2) [2018] FCA 2089

The respondent was not excused from discovery generally because the applicants' substantial compensation claim, the respondent's lack of admissions, and likely factual issues about what industrial action occurred, by whom, when, whether it was organised by the respondent, and whether it caused the claimed delay made discovery relevant and proportionate. The Court rejected objections based on alleged oppression, lack of particulars, confidentiality, privacy, and possible exposure of individuals to penalties. However, categories 2 and 4 were not justified for the period before 1 January 2015, category 3 was not pressed, and category 5 was allowed as reformulated for 6 March 2015 to 31 March...

Jurisdiction
Australia
Judgment Date
24 December 2018
Procedural Posture
Interlocutory Application in Fair Work Proceeding Concerning Non Standard Discovery / Application by the Respondent to Be Excused From Compliance With an Order for Discovery
Outcome
Application allowed in part; the respondent was required to give discovery in revised categories, with limitations to categories 2 and 4, and category 3 not pressed.
Legal Topics
['non Standard Discovery' 'oppression in Discovery' 'categories of Discovery' 'confidentiality and Privacy in Discovery' 'protected and Unprotected Industrial Action' 'pecuniary Penalties and Compensation']
['practice and Procedure' 'employment and Industrial Relations' 'fair Work'] ['non Standard Discovery' 'oppression in Discovery' 'categories of Discovery' 'confidentiality and Privacy in Discovery' 'protected and Unprotected Industrial Action' 'pecuniary Penalties and Compensation']

Case Brief

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Procedural Posture

Interlocutory Application in Fair Work Proceeding Concerning Non Standard Discovery / Application by the Respondent to Be Excused From Compliance With an Order for Discovery

Legal Issues

  1. 1 ["Whether the respondent should be excused from compliance with the discovery order on the ground that the applicants' categories were oppressive or disproportionate." "Whether the applicants' discovery categories were relevant to issues of compensation, penalties, causation, the industrial action taken, and the respondent's state of mind." 'Whether confidentiality, privacy principles, or possible exposure of individuals to penalties justified refusing discovery.' 'Whether categories 2 and 4 should extend to documents from 10 October 2014 to 31 March 2015.']

Ratio Decidendi

The respondent was not excused from discovery generally because the applicants' substantial compensation claim, the respondent's lack of admissions, and likely factual issues about what industrial action occurred, by whom, when, whether it was organised by the respondent, and whether it caused the claimed delay made discovery relevant and proportionate. The Court rejected objections based on alleged oppression, lack of particulars, confidentiality, privacy, and possible exposure of individuals to penalties. However, categories 2 and 4 were not justified for the period before 1 January 2015, category 3 was not pressed, and category 5 was allowed as reformulated for 6 March 2015 to 31 March...

Court Disposition

Application allowed in part; the respondent was required to give discovery in revised categories, with limitations to categories 2 and 4, and category 3 not pressed.

Orders

  • ['The parties consult and submit an agreed minute of order to reflect these reasons, and any further directions that are sought by 4.00 pm 17 January 2019.']