Mark Russell v Perpetual Trustees Australia Limited [2005] NSWIRComm 187

Mark Russell v Perpetual Trustees Australia Limited [2005] NSWIRComm 187

The documents sought concerned Paul Burdett's circumstances and the Court could not see how the respondent's conduct in relation to Mr Burdett, whether in isolation or on a tendency or coincidence basis, was relevant to determining whether the contract said to exist between the applicant and the respondent was unfair; the Summons for Production and Notice to Produce were therefore set aside.

Jurisdiction
Australia
Judgment Date
31 May 2005
Procedural Posture
Notice of Motion in Proceedings Instituted by Summons for Relief Under S106 of the Industrial Relations Act 1996 / Interlocutory Application to Set Aside Summons to Produce and Notice to Produce
Outcome
Summons for Production and Notice to Produce set aside; costs reserved.
Legal Topics
['summons to Produce' 'notice to Produce' 'relevance of Documents' 'unfair Contracts Under S106 of the Industrial Relations Act 1996']
['industrial Relations' 'civil Procedure' 'evidence'] ['summons to Produce' 'notice to Produce' 'relevance of Documents' 'unfair Contracts Under S106 of the Industrial Relations Act 1996']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Notice of Motion in Proceedings Instituted by Summons for Relief Under S106 of the Industrial Relations Act 1996 / Interlocutory Application to Set Aside Summons to Produce and Notice to Produce

Legal Issues

  1. 1 ['Whether the Summons to Produce under s165(3)(c) of the Industrial Relations Act 1996 should be set aside on the ground that the documents sought were irrelevant.' 'Whether the Notice to Produce dated 17 March 2005 should be set aside on the ground that the documents sought were irrelevant.' "Whether documents concerning Paul Burdett's job application, employment application letter, resume or curriculum vitae in 2002 were relevant to a fact in issue in the applicant's s106 proceedings."]

Ratio Decidendi

The documents sought concerned Paul Burdett's circumstances and the Court could not see how the respondent's conduct in relation to Mr Burdett, whether in isolation or on a tendency or coincidence basis, was relevant to determining whether the contract said to exist between the applicant and the respondent was unfair; the Summons for Production and Notice to Produce were therefore set aside.

Court Disposition

Summons for Production and Notice to Produce set aside; costs reserved.

Orders

  • ['The Summons for Production dated 29 March 2005 issued to the respondent is set aside.' 'The Notice to Produce dated 17 March 2005 is set aside.' 'Costs are reserved.']