Bowker & Anor v Software Engineers (Australia) NSW Pty Limited & Ors [2004] NSWIRComm 138

Because the material relied on by the applicants was not sufficiently detailed to determine the particular costs orders sought, the respondents required access to some underlying material. Accordingly, only paragraphs 2, 4, 5 and 6 of the notice to produce were set aside, while paragraphs 1 and 3 were not set aside.

Jurisdiction: Australia
Judgment Date: 24 May 2004
Procedural Posture: Application Under S106 of the Industrial Relations Act 1996 / Application Concerning Whether the First Respondent's Notice to Produce Should Be Set Aside
Outcome: First Respondent's notice to produce set aside in part.
Legal Topics: ['notice to Produce' 'costs Orders' 'access to Underlying Material']

['industrial Relations' 'practice and Procedure' 'costs'] ['notice to Produce' 'costs Orders' 'access to Underlying Material']

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Application Concerning Whether the First Respondent's Notice to Produce Should Be Set Aside

Legal Issues

1 ["Whether the First Respondent's notice to produce should be set aside." "Whether the applicants' material was sufficiently detailed to determine the costs orders sought without giving the respondents access to underlying material." 'Whether the Court had power to make the particular costs orders sought by the applicants.']

Ratio Decidendi

Court Disposition

First Respondent's notice to produce set aside in part.

Orders

["Paragraphs 2, 4, 5 and 6 of the First Respondent's notice to produce are set aside." "Paragraphs 1 and 3 of the First Respondent's notice to produce are not set aside."]