Hunter Quarries Pty Ltd v Morrison (No 2) [2013] NSWIRComm 98

Hunter Quarries Pty Ltd v Morrison (No 2) [2013] NSWIRComm 98

Leave to issue summonses is refused except for specified paragraphs relating to the role of the Department of Primary Industries (now Department of Trade & Investment) in the investigation, as those documents may be material to the appeal. The remainder of the summonses sought are refused as the requests do not satisfy the tests of legitimate forensic purpose or likelihood to materially assist, and amount to speculative fishing. Prosecutorial disclosure and counsel's involvement in expert reports were proper within prevailing legal standards.

Jurisdiction
Australia
Judgment Date
11 November 2013
Procedural Posture
Interlocutory Application / Ruling on Notice of Motion in Appeal Proceedings Before the Full Bench
Outcome
Notice of motion refused except as to specified paragraphs and order 5; costs reserved.
Legal Topics
['disclosure' 'expert Evidence' 'appeal Procedure' 'subpoena/summons to Produce' 'miscarriage of Justice']
['industrial Law' 'occupational Health and Safety' 'criminal Procedure'] ['disclosure' 'expert Evidence' 'appeal Procedure' 'subpoena/summons to Produce' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Notice of Motion in Appeal Proceedings Before the Full Bench

Legal Issues

  1. 1 ['Whether leave should be granted to issue summonses to produce documents in the appeal proceeding.' "Whether the documents sought satisfy the 'legitimate forensic purpose' and 'on the cards' tests." 'Compliance with prosecutorial disclosure obligations.' 'Role and permissible involvement of counsel in settling expert reports.' 'Whether prosecutorial non-disclosure or expert evidence issues could amount to a miscarriage of justice.']

Ratio Decidendi

Leave to issue summonses is refused except for specified paragraphs relating to the role of the Department of Primary Industries (now Department of Trade & Investment) in the investigation, as those documents may be material to the appeal. The remainder of the summonses sought are refused as the requests do not satisfy the tests of legitimate forensic purpose or likelihood to materially assist, and amount to speculative fishing. Prosecutorial disclosure and counsel's involvement in expert reports were proper within prevailing legal standards.

Court Disposition

Notice of motion refused except as to specified paragraphs and order 5; costs reserved.

Orders

  • ['Notice of motion refused except for paragraphs [3]-[14] in Attachments A and C, and order 5, for which leave is granted to issue summonses and to use documents.' 'Costs are reserved.' 'Applications for leave to appeal and appeal listed for directions before Walton J at 9.30 am on 10 December 2013.']