Pace v State of New South Wales & Ors [2015] NSWIC 7

Industrial Court New South Wales

Medium Neutral Citation: Pace v State of New South Wales & Ors [2015] NSWIC 7 Hearing dates: 26 May 2015 Date of orders: 24 June 2015 Decision date: 24 June 2015 Before: Kite AJ Decision: The Court makes the following orders and directions:

(1) As to the notice served on the first respondent:

(a) Paragraphs 1-3, 5-12, 14-16 and 20-25 are set aside.

(b) Paragraph 4 is set aside in part to the extent it seeks documents before 1 September 2010.

(c) Paragraphs 18 and 19 are set aside in part to the extent they seek documents prior to 6 May 2010.

(d) As to paragraph 13, production to the Court is required. Leave is reserved to argue questions of privilege on application for access.

(2) The notice served on the third respondent is set aside in the same way and to the same extent as set out in Order (1).

(3) I direct the first respondent to bring in short minutes of order as to both notices to produce in accordance with this decision.

(4) Costs are reserved. Catchwords: PROCEDURE – notices to produce – application to set aside – interests of justice – oppression – lack of legitimate forensic purpose - apparent relevance – statutory privilege given to person served under UCPR 1.9(3) and dictionary– evidentiary burden: Jurisdiction – power of Industrial Court to exercise powers of Industrial Commission – relevance to test of legitimate forensic purpose Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Technical and Further Education Commission Act 1990 Technical and Further Education Commission Amendment (Staff Employment) Act 2011 Uniform Civil Procedure Rules 2005 Cases Cited: Alf Pace v Managing Director, TAFE Commission [2011] NSWIRComm 1052 Attorney General for New South Wales v Dylan Chidgey [2008] NSWCCA 65; (2008) 1821 Crim R 536 Azzi and Ors v Volvo [2006] NSWSC 283 A v Z [2007] NSWSC 899; (2007) 212 FLR 255 Carbotech-Australia Pty Ltd v Yates [2008] NSWSC 1151 Commissioner of Police v Hughes [2009] NSWCA 306 Dorajay Pty Limited v Aristocrat Leisure Limited [2005] FCA 588 Esso Australia Resources Limited v Commission of Taxation for the Commonwealth of Australia [1998] HCA 67; (1998) 201 CLR 49 Grant v Dawns [1976] HCA 63; (1976) 135 CLR 674 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 In the matter of Beechworth Land Estates Pty Ltd (admins apptd) and Griffith Estates Pty Ltd (admins apptd) [2014] NSWSC 1743 Jack Brabham Engines Limited v Beare [2010] FCA 35 Liristis v Gadelrabb [2006] NSWSC 441 Margaret Lesley Marshall and Kim Neil Marshall v Michael Prescott (No.2). [2012] NSWSC 619 National Employers Mutual General Insurance Association v Waind [1978] 1 NSWLR 372 Pace v Technical and Further Education Commission t/as TAFE Commission [2014] NSWIRComm 24 Packer v The Greater Murray Area Health Service [2000] NSWIRComm 149 Portal Software v Bodsworth [2005] NSWSC 1115 Singtel Optus Pty Ltd v Weston [2011] NSWSC 1083 Taudevin v Egis Consulting Australia Pty Limited and the Commonwealth (No 1) [2001] NSWIRComm 340 Taylor v O'Neill (t/as Marengo (a firm) [2012] NSWSC 626 Trade Practices Commission v Arnotts [1989] FCA 248; (1989) 88 ALR 90 Category: Procedural and other rulings Parties: Alf Pace (Applicant) State of New South Wales (First Respondent) Technical and Further Education Commission (Second Respondent) Managing Director, Technical and Further Education Commission (Third Respondent) Representation: Counsel: V Heath of counsel (Applicant) Y Shariff of counsel (First and Third Respondents) M Easton of counsel (Second Respondent)