WorkCover Authority of New South Wales (Inspector Ross Wolf) v South Eastern Sydney and Illawarra Area Health Service [2006] NSWIRComm 255

Industrial Court of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Ross Wolf) v South Eastern Sydney and Illawarra Area Health Service [2006] NSWIRComm 255

Prosecutor WorkCover Authority of New South Wales (Inspector Ross Wolf) PARTIES: Defendant South Eastern Sydney and Illawarra Area Health Service

FILE NUMBER(S): IRC 2122 of 2005

CORAM: Backman J

CATCHWORDS: Two Notices of Motion filed by defendant resisting production of documents by way of summonses for production served by the prosecutor - whether documents of apparent or adjectival relevance - substantive proceedings under s 8(1) of the Occupational Health & Safety Act 2000 part-heard - defendant subjected to a recent "flurry of activity" generated by the prosecution which included the service of the two summonses - whether items sought under both summonses "could possibly throw light on" the substantive issues - proceedings to be adjourned giving parties time to consult on the precise issues to which the material, the subject of the summonses, is said to be relevant - two Notices of Motion dismissed - no order as to costs.

LEGISLATION CITED: Occupational Health and Safety Act 2000

Springs Golf Club Limited v Profile Golf Pty Ltd & Anor [2006] NSWSC 395 (5 May 2006) CASES CITED: Azzi & Ors v Volvo [2006] NSWSC 283 (7 March 2006) Portal Software v Bodsworth [2005] NSWSC 1115 (14 October 2005)

HEARING DATES: 31/07/2006

DATE OF JUDGMENT: 08/08/2006

Prosecutor: Ms P Lowson of counsel Solicitors: Moray & Agnew LEGAL REPRESENTATIVES: Defendant: Mr R Buchanan QC with Ms L McManus of counsel Solicitors: Sparke Helmore