Kearney v Accrue Property Pty Ltd

FEDERAL CIRCUIT COURT OF AUSTRALIA

Kearney v Accrue Property Pty Ltd [2021] FCCA 1934

File number(s):

MLG 3058 of 2018

Judgment of:

HER HONOUR JUDGE C.E. KIRTON QC

Date of judgment:

29 July 2021

Catchwords:

INDUSTRIAL LAW – Practice and procedure – application for leave to file a second further amended statement of claim where the claim arises out of an employment relationship – application seeking the production of certain documents by the Respondents – application for amendment to timetabling orders – leave to file second further amended statement of claim granted – application seeking production of certain documents granted – amendments to timetabling orders accepted

Cases cited:

Grochowski v Kearney [2020] FCA 1248

Joseph Kearney v Accrue Property Proprietary Limited & Anor [2020] FCCA 74

Number of paragraphs:

9

Date of last submission/s:

30 July 2021

Date of hearing:

29 & 30 July 2021

Place:

Melbourne

Counsel for the Applicant: 

Ms Preston

Solicitor for the Applicant:

Gil Boffa & Associates

Counsel for the Respondents

Mr Galbraith

Solicitor for the First and Second Respondents:

DSS Law

ORDERS

MLG 3058 of 2018

BETWEEN:

JOSEPH KEARNEY

Applicant

AND:

AND:

ACCRUE PROPERTY PTY LTD

First Respondent

JEFFREY JAMES GROCHOWSKI

Second Respondent

ORDER MADE BY:	HER HONOUR JUDGE C.E. KIRTON QC
DATE OF ORDER:	30 JULY 2021

THE COURT ORDERS THAT:

1.The liability hearing listed to commence on 23 August 2021 at 10:00 am for an estimate of four (4) days be vacated.

2.All extant directions contained in the Orders of Her Honour Judge C. E. Kirton QC dated 2 October 2020 are discharged. To avoid any doubt, all continuing obligations of discovery by the First Respondent survive, as do any orders in relation to costs.

3.The matter be listed for a liability hearing in the Federal Circuit Court of Australia on 19 September 2022 at 10:00 am with an estimated hearing time of three (3) days (Liability Hearing).

4.The Applicant has leave to file the Second Further Amended Statement of Claim appended to the Applicant’s Application in a Case filed on 6 July 2021 (Application in a Case).

5.By 4:00 pm on 26 August 2021, the First Respondent produce by way of discovery the following documents:

In relation to paragraphs 228 and 230 of the Affidavit of Joan Grochowski affirmed on 25 February 2021 and filed on 26 February 2021 (Grochowski Affidavit):

(a)All records/documents in its customer relationship management database in respect of each of the specified clients, as contained in each of the following folders/tabs:

(i)Script 1;

(ii)Inbound;

(iii)Appointment;

(iv)Quality Assurance;

(v)Membership;

(vi)Sale;

(vii)Post Sale;

(viii)Invoicing; and

(ix)Calls and History;

(b)To the extent they have not already been provided, the Sales Administration Forms and the Sales Authorities for:

(i)Each of the properties listed in paragraphs 228 and 230 of the Grochowski Affidavit; and

(ii)Any property subsequently purchased by any of the clients listed in paragraph 228 (that is, after the listed sale was “cancelled and did not proceed”) of the Grochowski Affidavit.

(c)In relation to paragraph 233 of…