Chevron Australia Pty Ltd v The Maritime Union of Australia [2015] FCA 376

Chevron Australia Pty Ltd v The Maritime Union of Australia [2015] FCA 376

The discovery sought was relevant to core pleaded issues concerning the MUA's motivation for the industrial action on 28 and 29 June 2012 and was not shown to be oppressive. The MUA's campaign was national, the Schenker letter authored by the MUA's Assistant National Secretary was directly relevant and should have...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 April 2015
Procedural Posture
Application for Particular Discovery Under R 20.21 of the Federal Court Rules 2011 (cth) / Interlocutory Discovery Application
Outcome
Application allowed.
Legal Topics
['particular Discovery' 'oppressive Discovery' 'relevance of Documents' 'alleged Unlawful Industrial Action' 'foreign Crewed Vessels']
['practice and Procedure' 'industrial Law'] ['particular Discovery' 'oppressive Discovery' 'relevance of Documents' 'alleged Unlawful Industrial Action' 'foreign Crewed Vessels']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Particular Discovery Under R 20.21 of the Federal Court Rules 2011 (cth) / Interlocutory Discovery Application

Legal Issues

  1. 1 ['Whether the first respondent should give particular discovery of documents relating to applications or lobbying in June 2012 concerning the RollDock Sun or foreign-crewed vessels.' 'Whether the discovery sought was too wide or oppressive because it extended beyond the Western Australian branch of the first respondent and concerned foreign-crewed vessels generally.' 'Whether telephone records and emails involving MUA officials, employees and members employed by Patrick Projects were relevant and should be discovered.']

Ratio Decidendi

The discovery sought was relevant to core pleaded issues concerning the MUA's motivation for the industrial action on 28 and 29 June 2012 and was not shown to be oppressive. The MUA's campaign was national, the Schenker letter authored by the MUA's Assistant National Secretary was directly relevant and should have been discovered, and the MUA adduced no evidence establishing that compliance with the requested categories would impose a disproportionate burden. The categories were sufficiently confined by time and subject matter, and the telephone records and emails sought were relevant to the issues in the proceeding.

Court Disposition

Application allowed.

Orders

  • ['On or before 7 May 2015, the first respondent give discovery of documents in its control relating to any application or lobbying in June 2012 concerning the RollDock Sun or foreign-crewed vessels; documents recording the names and positions of its National Branch and Western Australian Branch officers from 1 June...