McVicar v Boral Transport Limited [2013] NSWIRComm 46

McVicar v Boral Transport Limited [2013] NSWIRComm 46

Documents sought from applicants relating to directors' tax returns are not relevant and should not be produced. The various categories of documents relating to company discipline, SmartTrack system, human resources policies, and treatment of other carriers are relevant and must be produced. Communications over which legal professional privilege was claimed did not attract privilege as the dominant purpose was not legal advice or legal services; these documents must also be produced.

Jurisdiction
Australia
Judgment Date
12 June 2012
Procedural Posture
Interlocutory Application / Interlocutory Decision on Motions to Strike Out and for Production of Documents
Outcome
Interlocutory orders granting in part and dismissing in part the parties' motions for production of documents.
Legal Topics
['contracts of Carriage' 'compensation Claims' 'interlocutory Procedure' 'disclosure/discovery' 'legal Professional Privilege']
['industrial Relations'] ['contracts of Carriage' 'compensation Claims' 'interlocutory Procedure' 'disclosure/discovery' 'legal Professional Privilege']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Decision on Motions to Strike Out and for Production of Documents

Legal Issues

  1. 1 ['Whether documents sought in summonses for production are relevant or oppressive' 'Whether legal professional privilege attaches to certain documents']

Ratio Decidendi

Documents sought from applicants relating to directors' tax returns are not relevant and should not be produced. The various categories of documents relating to company discipline, SmartTrack system, human resources policies, and treatment of other carriers are relevant and must be produced. Communications over which legal professional privilege was claimed did not attract privilege as the dominant purpose was not legal advice or legal services; these documents must also be produced.

Court Disposition

Interlocutory orders granting in part and dismissing in part the parties' motions for production of documents.

Orders

  • ['Prayer 1 of Respondents summons is struck out.' 'The documents in respect of which the Respondent has taken an objection in its Notice of Motion shall be produced.']