McVicar v Boral Transport Limited [2013] NSWIRComm 46

Industrial Relations Commission New South Wales Medium Neutral Citation: McVicar v Boral Transport Limited [2013] NSWIRComm 46 Hearing dates: 7 June 2013 Decision date: 12 June 2012 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: The Commission orders the following: 1. Prayer 1 of Respondents summons is struck out. 2. The documents in respect of which the Respondent has taken an objection in its Notice of Motion shall be produced. Catchwords: Contracts of Carriage - Contracts terminated Claims for compensation - Interlocutory proceedings - Motions to strike out summonses for production - Whether documents sought relevant or oppressive - Whether legal professional privilege attaches to certain documents - Determined that documents to be produced Legislation Cited: Evidence Act 1995 Industrial Relations Act 1996 Category: Interlocutory applications Parties: Jeff McVicar Pty Limited (Applicant) MJB Haulage Pty Ltd (Applicant) Campbell Plus Pty Ltd (Applicant) Boral Transport Limited (Respondent) Representation: Transport Workers' Union of NSW (Applicants) Australian Business Lawyers & Advisors (Respondent) File Number(s): IRC 186, 187 and 188 of 2013

interlocutory decision 1These matters concern claims for compensation by four contract carriers against Boral Transport Limited ("the respondent") pursuant to s 346 of the Industrial Relations Act 1996. The claims followed the termination of the contracts of the four carriers by the respondent on 1 March 2013. The carriers asserted the termination of their contracts was harsh, unjust or unconscionable. 2The Tribunal attempted conciliation pursuant to s 348 of the Act, but settlements were not achieved. The matters will proceed to arbitration before the Contract of Carriage Tribunal on 2-5 September 2013.