WILCZAK v ALPINE REFRIGERATION
[2005] FMCA 931
•4 July 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WILCZAK v ALPINE REFRIGERATION & AIR CONDITIONING | [2005] FMCA 931 |
| TRADE PRACTICES – PRACTICE & PROCEDURE – Issues of discovery. |
| Applicant: | ANNA WILCZAK |
| Respondent: | ALPINE REFRIGERATION & AIR CONDITIONING PTY LTD |
| File Number: | SYG 586 of 2003 |
| Judgment of: | Pascoe CFM |
| Hearing date: | 4 July 2005 |
| Delivered at: | Sydney |
| Delivered on: | 4 July 2005 |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Counsel for the Respondent: | Mr Argy |
| Solicitors for the Respondent: | Bahlmann Burke Lawyers |
ORDERS
No order for Discovery.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 586 of 2003
| ANNA WILCZAK |
Applicant
And
| ALPINE REFRIGERATION & AIR CONDITIONING PTY LTD |
Respondent
REASONS FOR JUDGMENT
(Revised from the Transcript)
Introduction
This matter was listed before the court today for a directions hearing to set a timetable for the hearing of this matter before me on 5 December 2005. The parties informed me that the matter was ready for trial except for the applicant's claim that the respondent had not complied with its discovery obligations.
The applicant referred me to the transcript of proceedings before Federal Magistrate Driver dated 18 November 2003 and in particular to the evidence of Mr Sissanes. She also referred to a failure to produce the originals of certain documents.
The matter of discovery was comprehensively considered by Branson J on appeal from Federal Magistrate Driver's decision dated 12 February 2004. Her Honour delivered reasons for judgment on 21 October 2004. Her Honour found that any deficiency in discovery did not amount to misconduct in relation to discovery and that fuller discovery would not have had any meaningful effect on the decision of Federal Magistrate Driver.
I am bound by her Honour's judgment in this matter and therefore decline to make any further orders in relation to discovery.
I note that the applicant does have available to her other means of obtaining additional material, namely by subpoena or by notice to produce provided she can accurately identify the material she is seeking.
I note further that the matter before me is in fact a very narrow one and relates only to the appellant's claims that she had not been paid her leave entitlements in full.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Pascoe CFM
Legal Associate: Peter Smith
Date: 4 July 2005
0
0
0