NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Becke and Commissioner of Police [2009] NSWIRComm 134 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Samuel James Becke PARTIES: RESPONDENT Commissioner of Police
FILE NUMBER(S): IRC 567 of 2009
CORAM: Staff J
CATCHWORDS: Notice of motion to set aside summons for production of documents - Legitimate forensic purpose - Relevance to an issue in the proceedings - Principles - Requirements of Police Act when undertaking review - Various categories of documents considered - Summons for production substantially upheld - Notice of motion dismissed
LEGISLATION CITED: Police Act 1990
Attorney General for New South Wales v Dylan CHIDGEY [2008] NSWCCA 65 Bradley Eade-Smith v Commissioner of Police [2009] NSWIRComm 37 Brand v Digi-Tech [2001] NSWSC 425 Carroll v the Attorney-General for New South Wales (1993) 70 ACrimR 162 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263 National Employers' Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372 CASES CITED: NSW Commissioner of Police v Tuxford & Ors [2002] NSWCA 139 Portal Software v Bodsworth [2005] NSWSC 1115 Steven Probst and Commissioner of Police [2009] NSWIRComm 114 Toshack v Commissioner of Police [2009] NSWIRComm 31 Trade Practices Commission v Arnotts Limited and Others (1989) 88 ALR 90 Travel Compensation Fund v Blair & Ors [2002] NSWSC 1228 Van Huisstede v Commissioner of Police (No 1) (2000) 98 IR 57
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