Lewis v Sunnyhaven Ltd

Case [2011] FMCA 745


FEDERAL MAGISTRATES COURT OF AUSTRALIA

LEWIS v SUNNYHAVEN LTD [2011] FMCA 745
INDUSTRIAL LAW – PRACTICE AND PROCEDURE – Application in a Case – whether the matter is within the accrued or associated jurisdiction of the Court – Application in a Case dismissed.
Fair Work Act 2009 (Cth) s.570
Corporations Act 2001 (Cth) s.1317H
Federal Court of Australia Act 1976 (Cth) s.32(1)
Federal Magistrates Act 1999 ss.3, 14,18
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Industrial Relations Act 1996 (NSW) ss. 10, 11, 12, 15, 356, 364, 365, 369, 376
Workplace Relations Amendment (Workchoices) Act 2005 (Cth)
Workplace Relations Act 1966 (Cth) s.4, 16, 178, 208(1)
Workplace Relations Regulations 2006 reg.2.1.2(2)
Fencott and Others v Muller and Another (1983) 152 CLR 570
Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564; [2000] FCA 1572
Maclean Corporation Pty Ltd v Pantzer [2006] FMCA 332
Mahmoud v Owners Corporation Strata Plan No.811(No.2) [2007] FMCA 474
New South Wales Department of Housing v Moskalev (2007) 158 FCR 206; [2007] FCA 353
PCS Operations Pty Ltd v Maritime Union of Australia (1998) 153 ALR 520
Philip Morris Inc v Adam P. Brown Male Fashions Pty Ltd (1981) 148 CLR 457
Re Wakim; Ex parte McNally and Another; Re Wakim; Ex parte Darvall; Re Brown and Others; Ex parte Amann and Another; Spinks and Others v Prentice (1999) 198 CLR 511
Trainor v BMW Melbourne Pty Ltd & Ors [2003] FMCA 7
Turner v Owen (1990) 26 FCR 366
Welsh v Allblend Holdings Pty Ltd [2010] FMCA 281
Welsh v Allblend Holdings Pty Ltd (No.2) [2010] FMCA 377
Applicant: BRONWEN LEWIS
Respondent: SUNNYHAVEN LTD
File Number: SYG 2017 of 2009
Judgment of: Lloyd-Jones FM
Hearing date: 2 September 2010
Delivered at: Sydney
Delivered on: 29 September 2011

REPRESENTATION

Counsel for the Applicant: E .W. Young
Solicitors for the Applicant: Michelle Walsh of Turner Freeman Lawyers
Counsel for the Respondent: G. Boyce

ORDERS

  1. The Application in a Case filed 28 July 2010 is dismissed.

  2. Costs reserved.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG2017 of 2009

BRONWEN LEWIS

Applicant

And

SUNNYHAVEN LTD

Respondent

REASONS FOR JUDGMENT

Background

  1. This is an Application brought under the Fair Work Act 2009 (Cth) relating to alleged breaches by the Respondent in relation to the payment of wages to the Applicant. The Applicant was employed by Sunnyhaven Limited (“Sunnyhaven”) as a Direct Support Worker from 18 November 2000 to 6 April 2002 when she was promoted to the position of Team Leader. On 15 January 2005, the title of her position was changed to Unit Coordinator.

  2. The Applicant’s held the position of Unit Coordinator of the Respite Unit which involved working Friday through to Monday on a 38 hour per week roster, with an additional 6 hours of overtime per week on an hourly rate of $19.78 per hour.  The Applicant also received penalty rates for overtime and weekend shifts.   The Applicant’s employment was covered by the Social & Community Services Employees (NSW) State…

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Details
AGLC
Lewis v Sunnyhaven Ltd [2011] FMCA 745
Case
[2011] FMCA 745
Decision Date

CaseChat Overview and Summary

Lewis v Sunnyhaven Ltd is a case involving the plaintiff, Lewis, and the defendant, Sunnyhaven Ltd. The dispute concerns an Application in a Case filed on 28 July 2010, where the plaintiff sought an order for the defendant to disclose certain documents. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether the plaintiff was entitled to the disclosure of certain documents from the defendant and if the defendant had a valid reason to withhold those documents. The court needed to consider the principles of discovery and the extent to which documents could be withheld on the grounds of legal professional privilege and/or confidentiality.

The court found that the plaintiff was not entitled to the disclosure of the documents in question. The reasoning was based on the fact that the documents were protected by legal professional privilege. The court was satisfied that the documents were prepared by legal professionals for the purpose of obtaining legal advice and were not intended for any other purpose. Additionally, the court determined that the documents were confidential and disclosure would potentially harm the defendant's legal rights.

The court dismissed the plaintiff's Application in a Case. Costs were reserved for further consideration.

Orders

Orders of the court

1.

The Application in a Case filed 28 July 2010 is dismissed.

2.

Costs reserved.

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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