Hoday v Pro-Test Pty Ltd

In *Hoday v Pro-Test Pty Ltd*, the applicant sought discovery of documents from the respondent in proceedings concerning industrial law. The dispute centred on the applicant's entitlement to bonus payments following the termination of his employment.

The court was required to determine whether it was appropriate, in the interests of the administration of justice, to allow discovery of certain categories of documents. Specifically, the court had to consider the applicant's claim for bonus payments and the respondents' defence that no such contractual entitlement existed for periods subsequent to the 2017/2018 financial year.

Judge Jarrett found that the applicant's own evidence, including his affidavit and annexures, indicated that any bonus or "short-term cash incentive" was specifically for the 2017/2018 financial year and was contingent on Jet Link having a positive underlying profit. The respondents' defence mirrored this, asserting that the incentive was for that year only and not for subsequent periods. The applicant's claim for lost bonus payments was for the period following his termination in October 2018, and he made no claim for unpaid bonuses for the 2017/2018 period. Consequently, the court ordered discovery in respect of the first category of documents but dismissed the application for the remaining categories, as they did not appear relevant to the resolution of the bonus dispute as framed by the parties.