Lee v EnergyAustralia No 2 [2011] NSWIRComm 1014

Lee v EnergyAustralia No 2 [2011] NSWIRComm 1014

Leave was granted to EnergyAustralia to adduce further evidence from Mr Colin Locking as the Full Bench remitted the matter for determination as to why Ms Lee was chosen for redeployment, not limited to prior evidence. Commission's discretion and substantial justice required fresh evidence for full determination. Notice of Motion to set aside Notice to Produce was refused; however, items in the Notice to Produce were either disallowed, allowed, or amended based on specificity, relevance, and oppression, applying Part 34 UCPR to the extent necessary.

Parties
Respondent: Paula Lee; Applicant: EnergyAustralia
Jurisdiction
Australia
Judgment Date
23 March 2011
Procedural Posture
Interlocutory Application / Remittal After Appeal, Determination of Application for Leave to Adduce Further Evidence and Notice of Motion to Set Aside Notice to Produce
Outcome
Leave to adduce further evidence granted; Notice of Motion to set aside Notice to Produce refused; Notice to Produce items allowed, disallowed, or amended; orders issued accordingly.
Legal Topics
Adducing Further Evidence on Remittal, Notice to Produce, Procedural Fairness, Oppression of Notice, Remittal Scope, Victimisation Under Industrial Relations Act S.210(1)(j)
Industrial Law Civil Procedure Adducing Further Evidence on Remittal Notice to Produce Procedural Fairness Oppression of Notice Remittal Scope Victimisation Under Industrial Relations Act S.210(1)(j)

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Parties

Paula Lee

Respondent

EnergyAustralia

Applicant

Procedural Posture

Interlocutory Application / Remittal After Appeal, Determination of Application for Leave to Adduce Further Evidence and Notice of Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 Whether leave should be granted to adduce further evidence on remittal
  2. 2 Whether Notice of Motion to set aside Notice to Produce should be granted
  3. 3 Application and scope of Part 34 UCPR to Industrial Relations Commission proceedings

Ratio Decidendi

Leave was granted to EnergyAustralia to adduce further evidence from Mr Colin Locking as the Full Bench remitted the matter for determination as to why Ms Lee was chosen for redeployment, not limited to prior evidence. Commission's discretion and substantial justice required fresh evidence for full determination. Notice of Motion to set aside Notice to Produce was refused; however, items in the Notice to Produce were either disallowed, allowed, or amended based on specificity, relevance, and oppression, applying Part 34 UCPR to the extent necessary.

Court Disposition

Leave to adduce further evidence granted; Notice of Motion to set aside Notice to Produce refused; Notice to Produce items allowed, disallowed, or amended; orders issued accordingly.

Orders

  • Leave to adduce further evidence from Mr Colin Locking granted to EnergyAustralia.
  • Part 34 of UCPR applied to Notice to Produce to the extent specified in orders.