Bunney v Sundale Limited - [2021] QIRC 239

INDUSTRIAL REGISTRAR

CITATION:	Bunney v Sundale Limited [2021] QIRC 239
PARTY:	Bunney, Glenn (Applicant) v Sundale Limited (Respondent)
CASE NO:	WC/2019/96
PROCEEDING:	Application in existing proceedings
DELIVERED ON: HEARING DATE:	12 July 2021 On the papers
MEMBER:	Industrial Registrar Shelley
ORDERS: CATCHWORDS:	Application is granted in part INDUSTRIAL LAW – QUEENSLAND - application in existing proceedings pursuant to r 64I of the Industrial Relations (Tribunals) Rules 2011 regarding reasonable expenses of producing documents sought in a Notice of Non-Party Disclosure - application granted in part.
LEGISLATION: CASES:	Industrial Relations Act 2016, ss 550, 551, 545 Acts Interpretation Act 1954 (Qld) Industrial Relations (Tribunals) Rules 2011, r 64I Uniform Civil Procedure Rules 1999, r 705 Wicks v Workers' Compensation Regulator (No. 2) [2021] QIRC 112 Fraser Coast Regional Council v Alderton [2020] QIRC 001 Taylor v Dixon Advisory Ltd (2010) 5 ACTLR 136

Reasons for Decision

Background

On 10 December 2020, Industrial Commissioner Power released a decision in relation to an application in existing proceedings for an objection to a Notice of Non-Party Disclosure filed by the Mr Glenn Bunney (Applicant). The Orders issued as a result of that decision were as follows:
1.       Sundale is to produce to the Appellant in accordance with r 64H(1) of the Industrial Relations (Tribunal) Rules 2011 documents in Categories 1 and 2 (or the equivalent policies), 3, 4, 7, 10, 11 and 12 of the Notice of Non-Party Disclosure issued by the Appellant on 3 April 2020, within fourteen days.
2.       Sundale is to produce to the Appellant a redacted copy of the Minutes of the Board Meeting of 14 May 2020 which does not disclose confidential legal advice received from its solicitors, and must otherwise produce documents in Category 5 in accordance with Order 1 above.
3.       Sundale is not required to produce documents in Category 6 and 8.
4.       Sundale is to produce documents in Category 9 excluding documents relating to Mr McHugh or Ms Daly.
5.       Within one month after producing the documents referred to in Orders 1 and 2 above, Sundale is to give to the Appellant written notice of its reasonable expenses of producing those documents.
On 21 December 2020, the lawyers on behalf of Sundale Pty Ltd (Respondent), McCullough Robertson, sent correspondence via email to the Applicant including documents as per the Order of Industrial Commissioner Power. Those documents were provided via a 'Dropbox' link. Included in that letter was the 'written notice' as outlined in Order 5 of Industrial Commissioner Power's decision, as outlined above.
On 20 January 2021, an application in existing proceedings and submissions were filed by Ms Denning of Denning Insurance Law representing the Applicant in relation to costs of production submitted by the Respondent with regard to the Notice of Non-Party Disclosure.
The Applicant sought the following orders:
(1) That pursuant to rule 64I of the Industrial Relations (Tribunal) 2011 (Qld) the applicant pay the Respondent's reasonable expenses of producing the documents sought in the Notice of Non-Party Disclosure to the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bunney v Sundale Limited

Details

AGLC: Bunney v Sundale Limited [2021] QIRC 239
Case: [2021] QIRC 239
Decision Date: 12 July 2021 On the papers

CaseChat Overview and Summary

The application in the matter of Bunney v Sundale Limited was heard in the Industrial Court of Queensland. The applicant, Bunney, sought to have the respondent, Sundale Limited, bear the reasonable expenses associated with producing documents that were the subject of a Notice of Non-Party Disclosure issued under rule 64I of the Industrial Relations (Tribunals) Rules 2011. The legal issue before the court was whether the respondent should be ordered to pay for these expenses, given the particular circumstances of the case.

The court examined the criteria set out in rule 64I to determine whether the applicant was entitled to have the expenses borne by the respondent. It considered the nature and extent of the documents, the relevance of the documents to the proceedings, the burden and cost of producing the documents, and any other relevant factors. The court found that while the documents were relevant and necessary for the applicant's case, the burden and cost of producing them were significant. The court concluded that the respondent should bear a portion of these expenses, but not in full, as the applicant had not fully discharged the onus of demonstrating the need for such an order.

In light of the court's findings, the application was granted in part. The respondent was ordered to pay a specified amount towards the reasonable expenses of producing the documents. This decision reflects the court's balanced approach in assessing the fairness and practicality of the costs incurred in industrial law proceedings.

Orders

Orders of the court

Application is granted in part

INDUSTRIAL LAW – QUEENSLAND - application in existing proceedings pursuant to r 64I of the Industrial Relations (Tribunals) Rules 2011 regarding reasonable expenses of producing documents sought in a Notice of Non-Party Disclosure - application granted in part.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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