Z -v- University of A [2001] NSWADT 110

The summonses were set aside on the basis that they variously sought irrelevant material, were too broad or lacked sufficient particularity, offended against established legal principles regarding production, or amounted to impermissible fishing. The Applicant is permitted to issue fresh, confined summonses for specific matters relevant to the issues in the case.

Parties: Applicant: Z; Respondent: University of A
Jurisdiction: Australia
Judgment Date: 18 June 2001
Procedural Posture: Application / Preliminary Matter
Outcome: All 14 summonses set aside. Applicant at liberty to have fresh summonses issued with proper relevance and particularity for summonses 1, 5 and 7.
Legal Topics: Production of Documents, Summons to Produce, Discrimination, Victimisation

Equal Opportunity Production of Documents Summons to Produce Discrimination Victimisation

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2

Parties

Applicant

University of A

Respondent

Procedural Posture

Application / Preliminary Matter

Legal Issues

1 Whether the summonses to produce documents should be set aside for irrelevance, lack of particularity, oppressiveness or amounting to 'fishing'.
2 Whether any material sought in the summonses is relevant to the issues before the Tribunal.

Ratio Decidendi

Court Disposition

All 14 summonses set aside. Applicant at liberty to have fresh summonses issued with proper relevance and particularity for summonses 1, 5 and 7.

Orders

Each of the 14 summonses be set aside.
The Applicant is at liberty to have fresh summonses issued in respect of summonses 1, 5 and 7.