Christopher Lionel Marks v Jones Lang LaSalle Australia Limited & Anor [2002] NSWIRComm 175

Christopher Lionel Marks v Jones Lang LaSalle Australia Limited & Anor [2002] NSWIRComm 175

The applicant's notice to produce sought documents relevant to bonus entitlements and redundancy payments forming a material part of the factual dispute between the parties. Under Rule 86, such documents sought for purposes of evidence and within the respondents' control may properly be required prior to conciliation. The identified documents satisfied the test of relevance and their production was not oppressive, enhancing prospects of conciliation and aligning with the procedural scheme of Rule 18A. Therefore, the respondents' motion to set aside the notice is dismissed.

Jurisdiction
Australia
Judgment Date
01 August 2002
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory (notice of Motion to Set Aside Notice to Produce Before Conciliation)
Outcome
Respondents' motion dismissed; notice to produce stands.
Legal Topics
['unfair Contracts' 'notice to Produce' 'production of Documents' 'conciliation Procedures' 'bonus Schemes' 'redundancy' 'test of Relevance']
['industrial Law' 'employment Law' 'practice and Procedure'] ['unfair Contracts' 'notice to Produce' 'production of Documents' 'conciliation Procedures' 'bonus Schemes' 'redundancy' 'test of Relevance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory (notice of Motion to Set Aside Notice to Produce Before Conciliation)

Legal Issues

  1. 1 ["Whether the applicant's notice to produce should be set aside prior to conciliation" 'Operation of Rules 18A, 86 and 161 of the Industrial Relations Commission Rules' 'Test of relevance of the documents sought for production before conciliation']

Ratio Decidendi

The applicant's notice to produce sought documents relevant to bonus entitlements and redundancy payments forming a material part of the factual dispute between the parties. Under Rule 86, such documents sought for purposes of evidence and within the respondents' control may properly be required prior to conciliation. The identified documents satisfied the test of relevance and their production was not oppressive, enhancing prospects of conciliation and aligning with the procedural scheme of Rule 18A. Therefore, the respondents' motion to set aside the notice is dismissed.

Court Disposition

Respondents' motion dismissed; notice to produce stands.

Orders

  • ["Respondents' motion to set aside the applicant's notice to produce is dismissed."]