Hall v State of NSW (Department of Corrective Services) (No 2) [2007] NSWADT 105

Hall v State of NSW (Department of Corrective Services) (No 2) [2007] NSWADT 105

In light of Ms Ball's affidavit evidence that about 42 inmates were caught by the summons and that locating and collating the paragraph 5 material might take three to four weeks, paragraph 5 was cast very widely and compliance would be oppressive. Although the evidence was filed late, it had to be taken into account. The oppressive burden could be addressed by setting aside paragraph 5, with liberty to seek a fresh summons narrowed consistently with the Tribunal's remarks.

Jurisdiction
Australia
Judgment Date
09 May 2007
Procedural Posture
Preliminary Matter in Equal Opportunity Division Proceedings Concerning a Summons to Produce Documents / Respondent's Application to Reconsider and Set Aside Paragraph 5 of a Summons Issued at the Applicant's Request
Outcome
Paragraph 5 of the summons to produce documents was set aside, with liberty to the Applicant to arrange for a fresh summons to be issued.
Legal Topics
['summons to Produce Documents' 'setting Aside Summons' 'oppression' 'fishing Expedition' 'confidentiality and Privacy of Inmates and Staff' 'transgender Status and Disability Discrimination']
['anti Discrimination Law' 'administrative Law' 'civil Procedure'] ['summons to Produce Documents' 'setting Aside Summons' 'oppression' 'fishing Expedition' 'confidentiality and Privacy of Inmates and Staff' 'transgender Status and Disability Discrimination']

Case Brief

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Procedural Posture

Preliminary Matter in Equal Opportunity Division Proceedings Concerning a Summons to Produce Documents / Respondent's Application to Reconsider and Set Aside Paragraph 5 of a Summons Issued at the Applicant's Request

Legal Issues

  1. 1 ['Whether paragraph 5 of the summons to produce documents should be set aside or narrowed because compliance would be oppressive.' 'Whether the Tribunal should take into account affidavit evidence filed after the earlier hearing on the summons.' "Whether a fresh summons could be issued on a narrower basis that addressed the Respondent's burden while providing documents of apparent relevance to the Applicant's case."]

Ratio Decidendi

In light of Ms Ball's affidavit evidence that about 42 inmates were caught by the summons and that locating and collating the paragraph 5 material might take three to four weeks, paragraph 5 was cast very widely and compliance would be oppressive. Although the evidence was filed late, it had to be taken into account. The oppressive burden could be addressed by setting aside paragraph 5, with liberty to seek a fresh summons narrowed consistently with the Tribunal's remarks.

Court Disposition

Paragraph 5 of the summons to produce documents was set aside, with liberty to the Applicant to arrange for a fresh summons to be issued.

Orders

  • ['Paragraph 5 of the Summons to produce documents, issued at the request of the Applicant is set aside.' 'The Applicant is at liberty to arrange for a fresh summons to be issued in accordance with the remarks made in paragraph [30] of these reasons.']