George Rofail v Landmark Recruitment Pty Ltd and Others [2004] NSWIRComm 260

George Rofail v Landmark Recruitment Pty Ltd and Others [2004] NSWIRComm 260

Anton Pillar orders were justified because the authenticity and creation time of the disputed employment agreement were central to the pleaded contest, the altered terms favoured the employer in relevant respects, Landmark had not given the requested undertaking, the orders sought were narrowly confined, and relevant computer evidence could easily be destroyed or deleted; in those unusual circumstances, justice between the parties required preservation and examination of the computer records notwithstanding that conciliation had not yet occurred.

Jurisdiction
Australia
Judgment Date
07 September 2004
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Ex Parte Notice of Motion for Anton Pillar Orders Before Conciliation
Outcome
Anton Pillar orders made; costs of the motion reserved.
Legal Topics
['anton Pillar Orders' 'ex Parte Applications' 'production of Documents' 'computer Records' 'employment Contract Dispute' 'unfair Employment Contract Proceedings']
['industrial Relations' 'employment Law' 'civil Procedure'] ['anton Pillar Orders' 'ex Parte Applications' 'production of Documents' 'computer Records' 'employment Contract Dispute' 'unfair Employment Contract Proceedings']

Case Brief

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Ex Parte Notice of Motion for Anton Pillar Orders Before Conciliation

Legal Issues

  1. 1 ['Whether the Court should make Anton Pillar orders ex parte to preserve and inspect computer records relating to a disputed employment agreement.' 'Whether the application could properly be granted before the conciliation conference in proceedings under s106 of the Industrial Relations Act 1996.' 'Whether there was sufficient evidence of a strong prima facie case, serious potential damage, possession of relevant material, and a real possibility of destruction or deletion of evidence.']

Ratio Decidendi

Anton Pillar orders were justified because the authenticity and creation time of the disputed employment agreement were central to the pleaded contest, the altered terms favoured the employer in relevant respects, Landmark had not given the requested undertaking, the orders sought were narrowly confined, and relevant computer evidence could easily be destroyed or deleted; in those unusual circumstances, justice between the parties required preservation and examination of the computer records notwithstanding that conciliation had not yet occurred.

Court Disposition

Anton Pillar orders made; costs of the motion reserved.

Orders

  • ['Anton Pillar orders were made in the proceedings.' 'Costs of the motion are reserved.']