NSW Caselaw
Industrial Court of New South Wales
CITATION: Ceccato v Almona Pty Ltd [2006] NSWIRComm 271
APPLICANT: Phillip Ceccato PARTIES: RESPONDENT: Almona Pty Ltd (ACN 002 441 438)
FILE NUMBER(S): IRC 4871 of 2005
CORAM: Schmidt J
CATCHWORDS: Notice of Motion - summons for production - respondent seeking to set aside parts of summons - whether production sought for a legitimate forensic purpose - motion dismissed - costs to be agreed or assessed
LEGISLATION CITED: Industrial Relations Act 1996 Ritchie's Uniform Cicil Procedure Rules 2005
CASES CITED: Attorney-General (NSW) v Stuart (1994) 34 NSWLR 67
HEARING DATES: 18/08/06 EXTEMPORE JUDGMENT DATE: 08/18/2006
APPLICANT: Mr M Barnes, solicitor SOLICITORS: White Barnes LEGAL REPRESENTATIVES: RESPONDENT: Ms Webster of counsel SOLICITORS: JR Lawyers (Incorporationg Tsatsimas Solicitors)
JUDGMENT:
- 5 - INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Schmidt J
18 August 2006
Matter No IRC 4871 of 2005
PHILLIP CECCATO v ALMONA PTY LTD
Application for recovery of money pursuant to section 365 of the Industrial Relations Act 1996 INTERLOCUTORY DECISION (extempore) [2006] NSWIRComm 271
1 These proceedings were commenced in December 2005 pursuant to s 365 of the Industrial Relations Act 1996 ('the Act'). The applicant seeks to recover unpaid annual leave and long service leave from his former employer, the respondent company. The respondent's case is that no such monies are owed. 2 This decision deals with a motion filed by the respondent on 25 July, seeking to set aside parts of paragraph 1 of a summons for production filed by the applicant on 11 May. The paragraph seeks production of:
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