NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Cretney v State of New South Wales (Department of Education and Training) [2005] NSWIRComm 395
APPLICANT Patricia Cretney PARTIES: RESPONDENT State of New South Wales (Deparment of Education and Training)
FILE NUMBER(S): 7430 of 2003
CORAM: Marks J
CATCHWORDS: Interlocutory proceedings - privilege - summons issued for documents - policy documnet allowed management review - documents in question formed part of that review process - purpose of creation of documents - whether documents created for the purpose of obtaining legal advice - dominant purpose test - motion upheld - costs.
Industrial Relations Act 1996 LEGISLATION CITED: Privacy Act 1988 Privacy and Personal Information Protection Act 1998
Esso Australia Resources Ltd v Commissioner of Taxation of the Commonwealth of Australia (1999) 201 CLR 49 Grant v Downs (1976) 135 CLR 674 CASES CITED: Mann v Carnell (1999) 201 CLR 1 Tynan Motors Pty Ltd v Mazda Australia Pty Ltd [2003] NSWIRComm 146
HEARING DATES: 10/21/2005
DATE OF JUDGMENT: 11/18/2005
APPLICANT Ms K Nomchong of counsel Solicitor: M Walsh Turner Freeman Lawyers
LEGAL REPRESENTATIVES:
RESPONDENT Ms C Howell of counsel Solicitor: R Cameron Hicksons Lawyers
JUDGMENT:
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