NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Lewis v Commissioner of Police [2023] NSWIRComm 1117 Hearing dates: 27 November 2023 Date of orders: 4 December 2023 Decision date: 04 December 2023 Jurisdiction: Industrial Relations Commission Before: Industrial Registrar E Robinson Decision: (1) Set aside the Summons to produce with respect to categories 13, 33, 34, 35, 36 and 37. (2) Order production of categories 12, 38 and 39 by 4pm Thursday 7 December 2023. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – motion to set aside summons to produce – relevant principles Legislation Cited: Industrial Relations Act 1996 (NSW) Police Act 1900 (NSW) Civil Procedure Act 2005 Cases Cited: Bradley Eade-Smith v Commissioner of Police [2009] NSWIRComm 37 Burrows v Commissioner of Police; Giardini v Commissioner of Police [2001] NSWIRComm 333 Inspector Estriech v Leon [2012] NSWIRComm 84 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 The Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Vizzone v Commissioner of Police [2020] NSWIRComm 1034 Category: Procedural rulings Parties: Commissioner of Police (applicant on motion, respondent in substantive matter) Julie-Ann Lewis (respondent on motion, applicant in substantive matter) Representation: Counsel: Mr Eurell (for respondent on motion, applicant in substantive matter)
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