Mitchell v Clayton Utz (No 4) [2010] NSWADT 168

Mitchell v Clayton Utz (No 4) [2010] NSWADT 168

Approval is granted for summonses and telephone evidence where the evidence or documents sought are apparently relevant to the issues in the proceedings; applications for irrelevant evidence or documents are refused.

Jurisdiction
Australia
Judgment Date
06 July 2010
Procedural Posture
Equal Opportunity Complaint / Interlocutory Decision on Applications for Summonses and Permission for Evidence by Phone
Outcome
Approval granted for certain summonses and permission for telephone evidence; refusal of other summons applications.
Legal Topics
['disability Discrimination' 'sexual Harassment' 'victimisation' 'procedural Summonses' 'evidence by Telephone']
['anti Discrimination' 'equal Opportunity'] ['disability Discrimination' 'sexual Harassment' 'victimisation' 'procedural Summonses' 'evidence by Telephone']

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Procedural Posture

Equal Opportunity Complaint / Interlocutory Decision on Applications for Summonses and Permission for Evidence by Phone

Legal Issues

  1. 1 ['Whether the oral evidence or documents sought are apparently relevant to the proceedings' 'Whether permission should be granted for witnesses to give evidence by telephone']

Ratio Decidendi

Approval is granted for summonses and telephone evidence where the evidence or documents sought are apparently relevant to the issues in the proceedings; applications for irrelevant evidence or documents are refused.

Court Disposition

Approval granted for certain summonses and permission for telephone evidence; refusal of other summons applications.

Orders

  • ['Approval for summons to give evidence to Dr E Dent' 'Approval for summons to produce specified e-mails to Clayton Utz' "Approval for summons to produce specified documents to St Vincent's Hospital" 'Permission for Dr Dent and Dr Reznek to give evidence by telephone if required']