NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Bradley Eade-Smith v Commissioner of Police [2009] NSWIRComm 37
APPLICANT: Bradley Eade-Smith PARTIES: RESPONDENT: Commissioner of Police
FILE NUMBER(S): 1445 of 2008
CORAM: Backman J
CATCHWORDS: Two notices of motion filed by respondent seeking to set aside two summonses to produce filed by the applicant and one notice to produce served by the applicant seeking production of documents and materials - relevance: documents or materials need only be of apparent relevance to an issue in the principal proceedings or if "could possibly throw light on the issues in the main case" - necessity of documents to be sufficiently identifiable in order to admit of a finding that they are of apparent relevance to an issue in the principal proceedings - whether documents called for constitute a request for discovery - whether summonses or notice to produce oppressive - various categories of documents considered by reference to relevant legal principles - notice of motion in relation to first summons dismissed - notice of motion in relation to second summons and notice to produce granted in part, remainder of motion dismissed.
Crimes Act 1990 (NSW) LEGISLATION CITED: Mental Health (Criminal Procedure) Act 1990 Police Act 1990 Industrial Relations Commission Rules 1996
A v Z and Another (2007) 212 FLR 255 Azzi & Ors v Volvo [2006] NSWSC 283 Bengalla Mining Co Pty Ltd v Barclay Mowlem Construction Ltd[2001] NSWSC 93 Brand v DigiTech [2001] NSWSC 425 Hosemans v Commissioner of Police (2004) 138 IR 159 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263 CASES CITED: Lucas Industries Ltd v Hewitt and Others (1978) 45 FLR 174 Miller v Commissioner of Police [2002] NSWIRComm 296 National Employer's Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372 Portal Software v Bodsworth [2005] NSWSC 1115 R v Saleam (1989) 16 NSWLR 14 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710 Trade Practices Commission v Arnotts Limited and Others (1989) 88 ALR 90 WorkCover Authority of New South Wales (Inspector Ross Wolf) v South Eastern Sydney and Illawarra Area Health Service [2006] NSWIRComm 255
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