Mallegowda v Transport Secretary (No 2) [2023] NSWIRComm 1103

Industrial Relations Commission New South Wales Medium Neutral Citation: Mallegowda v Transport Secretary (No 2) [2023] NSWIRComm 1103 Hearing dates: 10 October 2023 Date of orders: 10 October 2023 Decision date: 10 October 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The notice of motion filed by Mr Mallegowda on 14 September 2023 is dismissed The notice of motion filed by Mr Mallegowda on 28 September 2023 is also dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – procedure and powers – victimisation proceedings – self-represented applicant – notice of motion seeking order that the applicant be granted access to documents over which privilege claimed – whether documents the subject of privilege – whether privilege had been waived – whether Commission ought to inspect the documents to determine the issue – second notice of motion seeking leave for the applicant to issue a summons to an individual – whether legitimate forensic purpose in issuing summons Legislation Cited: Evidence Act 1995 ss 117, 118, 119, 122, 133 Industrial Relations Act 1996 s 210 Transport Administration Act 1988 ss 3, 68C Cases Cited: Ashfield Municipal Council v RTA [2004] NSWSC 917 Bennett v Chief Executive Officer of the Australian Customs Service [2004] FCAFC 237 Grant v Downs (1976) 135 CLR 674 Mallegowda v Transport Secretary [2023] NSWIRComm 1078 New South Wales v Betfair Pty Ltd (2009) 180 FCR 543; [2009] FCA 160 Texts Cited: Nil Category: Procedural rulings Parties: Shashikanth Mallegowda (Applicant) Transport Secretary (Respondent) Representation: Shashikanth Mallegowda (self-represented) M Watts of Counsel (Respondent) Sparke Helmore Lawyers (Respondent) File Number(s): 2023/00070222 Publication restriction: No