Mark Russell and Perpetual Trustees Australia Limited [2003] NSWIRComm 63

Industrial Relations Commission of New South Wales

CITATION : Mark Russell and Perpetual Trustees Australia Limited [2003] NSWIRComm 63 APPLICANT: PARTIES : Mark Russell RESPONDENT: Perpetual Trustees Australia Limited FILE NUMBER: 5173 of 2002 CORAM: Sams DP Unfair dismissal application - notice of motion - summons to produce - application to set aside summons - r 94 of the Industrial Relations Commission Rules - relevance of documents - fishing expedition - whether summons costly and onerous. CATCHWORDS : Held, documents not relevant to applicant's dismissal - summons oppressive and too wide - documents sought on behalf of a third party - disposition of proceedings not compromised - summons set aside in whole - costs reserved. LEGISLATION CITED : Industrial Relations Act 1996 Arhill v General Terminal Company (1991) 23 NSWLR 545 CASES CITED : Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Waind v Hill & National Employers Mutual [1978] 1 NSW LR 372 HEARING DATES: 03/10/2003 DATE OF JUDGMENT: 03/13/2003

APPLICANT: Mark Russell (Solicitor) appeared in person RESPONDENT: LEGAL REPRESENTATIVES: Mr P Newell of counsel SOLICITOR: Ms V Vinski from Phillips Fox

JUDGMENT: - 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 13 March 2002 Matter No IRC02/5173 Mark Russell and Perpetual Trustees Australia Limited Application by Mark Russell re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION (on notice of motion) [2003] NSWIRComm 63