Bell and Berg v Macquarie Bank Limited and Another [2001] NSWIRComm 82

Bell and Berg v Macquarie Bank Limited and Another [2001] NSWIRComm 82

The summonses did not require the recipients to assess the relevance of documents to issues in the proceedings, but only to determine whether documents fitted the described categories. Given the relationship between the parties, the applicants' claims, communications during the relevant period, documents concerning the contracts and arrangements in question, and mitigation issues after termination, the documents could not be said to have little or no relevance or no legitimate forensic purpose. On the evidence, compliance was not shown to be oppressive, although timing, costs, access and confidentiality could be managed by agreement or further ruling.

Jurisdiction
Australia
Judgment Date
26 April 2001
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notices of Motion to Set Aside Summonses for Production of Documents
Outcome
Motions dismissed; costs reserved to be dealt with in the proceedings proper.
Legal Topics
['summonses for Production' 'discovery' 'oppression' 'production of Documents' 'conduct Money' 'confidentiality and Access to Documents']
['industrial Relations' 'practice and Procedure' 'evidence'] ['summonses for Production' 'discovery' 'oppression' 'production of Documents' 'conduct Money' 'confidentiality and Access to Documents']

Case Brief

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notices of Motion to Set Aside Summonses for Production of Documents

Legal Issues

  1. 1 ['Whether the summonses for production were in reality an impermissible attempt to obtain discovery.' 'Whether the summonses were too wide because they required production of documents not relevant to matters in issue.' 'Whether compliance with the summonses would be oppressive.' 'Whether documents sought concerning employment arrangements, communications, diaries and later work were sufficiently identified and had a legitimate forensic purpose.']

Ratio Decidendi

The summonses did not require the recipients to assess the relevance of documents to issues in the proceedings, but only to determine whether documents fitted the described categories. Given the relationship between the parties, the applicants' claims, communications during the relevant period, documents concerning the contracts and arrangements in question, and mitigation issues after termination, the documents could not be said to have little or no relevance or no legitimate forensic purpose. On the evidence, compliance was not shown to be oppressive, although timing, costs, access and confidentiality could be managed by agreement or further ruling.

Court Disposition

Motions dismissed; costs reserved to be dealt with in the proceedings proper.

Orders

  • ['The motions are dismissed.' 'The costs of the motions are reserved to be dealt with in the proceedings proper.']