Crewdson v New South Wales Department of Community Services & Anor (No. 4) [2002] NSWIRComm 172

Industrial Relations Commission of New South Wales in Court Session

CITATION : Crewdson v New South Wales Department of Community Services & Anor (No. 4) [2002] NSWIRComm 172 APPLICANT ON NOTICE OF MOTION Crown Solicitors Office

APPLICANT/RESPONDENT ON NOTICE OF MOTION Mr G Crewdson PARTIES : FIRST RESPONDENT New South Wales Department of Community Services

SECOND RESPONDENT Central Sydney Area Health Service FILE NUMBER: IRC 3140 of 2001 CORAM: Boland J CATCHWORDS : Practice and Procedure - Application for declaratory relief - Summons for production - Notice to produce - Whether documents pleaded into relevance - Applicability of sections 125, 126 and 131 of the Evidence Act 1995 - Fishing expedition - Summons set aside Evidence Act 1995 Industrial Relations Act 1996 LEGISLATION CITED : Industrial Relations Commission Rules 1996 Public Sector Management Act 1988 Supreme Court Rules 1970 Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1955) 72 WN(NSW) 250 Benecke v National Australia Bank (1993) 35 NSWLR 110 Commissioner for Railways v Small (1938) 38 SR(NSW) 564 Crewdson v Department of Community Services [2001] NSWIRComm 216 CASES CITED : Crewdson v Department of Community Services (No 2) [2002] NSWIRComm 121 Crewdson v Department of Community Services (No 3) [2002] NSWIRComm 139 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) (1999) 160 ALR 588 State Rail Authority of New South Wales v Smith (1998) 45 NSWLR 382 State of Western Australia v Southern Equities Corporation Ltd (in liq) (1996) 142 ALR 597 HEARING DATES: 07/15/2002 DATE OF JUDGMENT: 07/30/2002