Patrick v Wadoon Pty Ltd (No.3) - [2007] FMCA 1836

FEDERAL MAGISTRATES COURT OF AUSTRALIA

PATRICK v WADOON PTY LTD (No.3)

[2007] FMCA 1836

HUMAN RIGHTS – Claim of sexual harassment.

PRACTICE AND PROCEDURE – Application for discovery – part of discovery related to underpayment claim in another court – not relevant to issues in amended points of claim – telephone and insurance documents also sought – relevant to issues in amended points of claim – fair and expeditious conduct of proceedings – interests of administration of justice – declaration and orders issued.

Federal Magistrates Act 1999 (Cth), ss.3, 14, 42, 45, 45(1), 45(2) and 45(2)(a)
Federal Magistrates Court Rules 2001 (Cth), rr.1.03 and 14.02

Genovese v BGC Construction Pty Ltd [2006] FMCA 1507
Patrick v Wadoon Pty Ltd [2007] FMCA 663
Patrick v Wadoon Pty Ltd trading as Rapid Haulage [2007] SAIRC 3

Applicant:

PATRICK

Respondent:

WADOON PTY LTD

File Number:

ADG 87 of 2006

Judgment of:

Lucev FM

Hearing date:

30 October 2007

Date of Last Submission:

30 October 2007

Delivered at:

Darwin (by telephone link to Adelaide)

Delivered on:

30 October 2007

REPRESENTATION

Applicant:

Patrick in person

Counsel for the Respondent:

Mr G. Carr

Solicitors for the Respondent:

EMA Legal

DECLARATION AND ORDERS

THE COURT DECLARES THAT:

Pursuant to section 45 of the Federal Magistrates Act 1999 (Cth) the Court declares that it is appropriate in the interests of the administration of justice to allow discovery of:
(a)a copy of all telephone bills from all the Respondent’s land line phones, and the mobile telephones used by:
(i)Martin Cooke, No. 0438 300 307;
(ii)Danny Finch, No. 0438 300 308;
(iii)Keith Finch and provided or paid for by the Respondent; and
(iv)Lauren Connelly and provided or paid for by the Respondent; and
(b)copies of insurance claim forms the Applicant was required to fill out whilst employed by the Respondent for accidents of company vehicles,
by the Respondent.

AND THE COURT ORDERS THAT:

The Respondent discover:
(a)a copy of all telephone bills from all the Respondent’s land line phones, and the mobile telephones used by:
(i)Martin Cooke, No. 0438 300 307;
(ii)Danny Finch, No. 0438 300 308;
(iii)Keith Finch and provided or paid for by the Respondent; and
(iv)Lauren Connelly and provided or paid for by the Respondent; and
(b)copies of insurance claim forms the Applicant was required to fill out whilst employed by the Respondent for accidents of company vehicles,
by 4.00 pm on 9 November 2007, discovery to be on oath by an officer of the company.
The Respondent to notify the Applicant by 4.00 pm on 9 November 2007 of the place at which the documents can be inspected on or before 4.00 pm on 16 November 2007.
The originals or best copies of any documents produced be brought to Court and be available for production on each day of the hearing.
Costs reserved.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
DARWIN

ADG 87 of 2006

PATRICK

Applicant

And

WADOON PTY LTD

Respondent

REASONS FOR JUDGMENT

(Revised from Transcript)

Application for discovery

This is an application by 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 Patrick v Wadoon Pty Ltd (No.3)

Details

AGLC: Patrick v Wadoon Pty Ltd (No.3) [2007] FMCA 1836
Case: [2007] FMCA 1836
Decision Date: 30 October 2007

CaseChat Overview and Summary

The case of Patrick v Wadoon Pty Ltd (No.3) involved a claim of sexual harassment. The dispute was heard in the Federal Court of Australia. The plaintiff, Ms. Patrick, alleged that she had been subjected to sexual harassment by her employer, Wadoon Pty Ltd. The matter was before the court on an application for discovery of documents made by the plaintiff. This application included documents related to an underpayment claim that was being litigated in another court, as well as telephone and insurance documents.

The legal issues before the court were whether the documents sought in the application for discovery were relevant to the amended points of claim in the current proceeding and whether their discovery would facilitate the fair and expeditious conduct of the proceedings, while also considering the interests of the administration of justice. The court needed to determine whether the documents related to the sexual harassment claim or were extraneous to the issues in the amended points of claim.

The court found that the documents related to the underpayment claim were not relevant to the issues in the amended points of claim and, therefore, should not be discovered. However, the telephone and insurance documents were relevant to the issues in the amended points of claim and should be disclosed. The court emphasised the importance of the fair and expeditious conduct of proceedings and the interests of the administration of justice. Consequently, the court issued a declaration and orders in relation to the discovery of the relevant documents.

Orders