NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Daniel Skelly and Commissioner of Police [2009] NSWIRComm 70
APPLICANT (respondent to motion) Police Association of New South Wales (on behalf of Daniel Skelly) PARTIES: RESPONDENT (applicant on motion) New South Wales Police Force
FILE NUMBER(S): IRC 89 of 2009
CORAM: Sams DP
CATCHWORDS: SUMMONS TO PRODUCE - jurisdictional question - whether transfer of police sergeant a disciplinary transfer - non disciplinary transfer - reviewable action - whether order made in 'bad faith' - NOTICE OF MOTION - order sought to set aside summons to produce - whether relevant to jurisdictional question - 'fishing expedition' - whether documents for legitimate forensic purpose - otherwise oppressive. Held; process leading to order is relevant - intent of, and effect of order - order itself may not reveal intent - necessary to go behind the order - 'bad faith' order may not necessarily follow - applicant justified purpose of material sought - notice of motion dismissed in part - further orders if necessary.
LEGISLATION CITED: Police Act 1990
CASES CITED: Bradley Eade-Smith v Commissioner of Police [2009] NSWIRComm 37 NSW Commissioner of Police v Tuxford [2002] NSWCA 139
HEARING DATES: 12 May 2009 EXTEMPORE JUDGMENT DATE: 12 May 2009
APPLICANT (respondent to motion) Mr A Howell Police Association of New South Wales LEGAL REPRESENTATIVES: RESPONDENT (applicant on motion) Ms N L Sharp of Counsel Solicitor: Ms S Price Bartier Perry
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