Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Flaherty v City of Sydney Council [2012] FCA 1293 Citation: O'Flaherty v City of Sydney Council [2012] FCA 1293
Parties: EAMONN O'FLAHERTY v CITY OF SYDNEY COUNCIL and STATE OF NEW SOUTH WALES
File number: NSD 162 of 2012
Judge: NICHOLAS J
Date of judgment: 25 October 2012
Date of hearing: 25 October 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 7
Counsel for the Applicant: Ms N Sharp with Mr D Joyce
Solicitor for the Applicant: Marsdens Law Group
Counsel for the First Respondent: Mr H El-Hage
Solicitor for the First Respondent: Ms K Ridling of Council of the City of Sydney
Counsel for the Second Respondent: Ms K Richardson
Solicitor for the Second Respondent: NSW Crown Solicitor's Office
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 162 of 2012
BETWEEN: EAMONN O'FLAHERTY
Applicant
AND: CITY OF SYDNEY COUNCIL
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
JUDGE: NICHOLAS J DATE OF ORDER: 25 October 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. By 8 November 2012, the first respondent provide discovery of: (a) any minutes of resolutions of the City of Sydney Council (Council), evidencing what consideration, if any, was given by the Council to issues of public harm, or harm to public health and safety, and risks to public amenity from the fact of persons staying overnight at Martin Place in the period 15 October 2011 to present; and (b) other categories of documents which the first respondent previously indicated it would discover. 2. The applicant is given leave to issue the subpoena to NSW Police, in the form initialled by Nicholas J, subject to the following amendments: (a) Paragraph 2 the words "relating to or" are deleted to read "[a]ll records evidencing the"; and (b) Sub-paragraph 2(c) is deleted. 3. The time within which the applicant is to file and serve its evidence in reply is extended to 29 October 2012. 4. Costs of the interlocutory application filed 18 October 2012 and the directions held on 25 October 2012 are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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