NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Clarke v Divisional Sercurity (Aust) Pty Ltd and ors [2005] NSWIRComm 41
APPLICANT Robert Clarke
FIRST RESPONDENT Divisional Security (Aust) Pty Ltd PARTIES: SECOND RESPONDENT Starfinn Pty Ltd
THIRD RESPONDENT Lubo Raskovic
FILE NUMBER(S): 6254 of 2002
CORAM: Marks J
CATCHWORDS: Application for anton pillar order - late disclosure of documentation - withdrawal of undertaking to preserve primary documentation - strong prima facie case for significance of relevant documentation - necessary risk that material may be destroyed - anton pillar orders made.
CASES CITED: George Rofail v Landmark Recruiting Pty Ltd and ors [2004] NSWIRComm 260
HEARING DATES: 02/03/2005
DATE OF JUDGMENT: 02/28/2005
APPLICANT Solicitor: Julian Sefton LEGAL REPRESENTATIVES: Employment Lawyers
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Monday 28 February 2005
Matter No IRC 6254 of 2002 ROBERT CLARKE v DIVISIONAL SECURITY (AUST) PTY LTD AND ORS Application under s 106 of the Industrial Relations Act 1996
REASONS FOR JUDGMENT ON APPLICATION FOR ANTON PILLER ORDER
1 On 4 February 2005 I made certain orders in these proceedings on the ex parte application of the applicant of the kind known as "anton pillar orders" directed to the first respondent, Divisional Security (Aust) Pty Ltd.
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