Marcus Wheeler Jones v Charsam Textiles Pty Limited and Others [2004] NSWIRComm 213

Marcus Wheeler Jones v Charsam Textiles Pty Limited and Others [2004] NSWIRComm 213

The summonses were set aside until after conciliation because Rule 18A required the respondents to file a response and contemplated limited pre-conciliation procedures; the documents sought went well beyond what was reasonably required to enable a response, both in subject matter and timeframe, and many documents were not shown to be relevant to the issues between the parties.

Jurisdiction
Australia
Judgment Date
28 July 2004
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Applicant's Notice of Motion to Set Aside Respondents' Summonses for Production of Documents Prior to Conciliation
Outcome
Respondents' summonses for production set aside until after conciliation.
Legal Topics
['section 106 Claim' 'underpayment of Award Wages' 'summonses for Production of Documents' 'conciliation Under S109' 'rule 18 A']
['industrial Relations' 'practice and Procedure'] ['section 106 Claim' 'underpayment of Award Wages' 'summonses for Production of Documents' 'conciliation Under S109' 'rule 18 A']

Case Brief

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Applicant's Notice of Motion to Set Aside Respondents' Summonses for Production of Documents Prior to Conciliation

Legal Issues

  1. 1 ["Whether the respondents' summonses for production issued to the applicant and Solution Workwear Pty Ltd should be set aside before conciliation." 'Whether the documents sought were oppressive, too wide, lacking forensic purpose, or unnecessary before the respondents filed their response.' 'How Rule 18A affects production of documents and costs incurred prior to conciliation in s106 proceedings.']

Ratio Decidendi

The summonses were set aside until after conciliation because Rule 18A required the respondents to file a response and contemplated limited pre-conciliation procedures; the documents sought went well beyond what was reasonably required to enable a response, both in subject matter and timeframe, and many documents were not shown to be relevant to the issues between the parties.

Court Disposition

Respondents' summonses for production set aside until after conciliation.

Orders

  • ["The respondents' summonses be set aside until after the conciliation." "The respondents' response to the summons should now be put on forthwith." 'Any reply should be filed before the conciliation fixed for 2pm on 26 August 2004.']