Chief Executive, Office of Environment and Heritage v Namoi Valley Farms Pty Ltd [2020] NSWLEC 69

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive, Office of Environment and Heritage v Namoi Valley Farms Pty Ltd [2020] NSWLEC 69 Hearing dates: 12 June 2020 Date of orders: 12 June 2020 Decision date: 12 June 2020 Jurisdiction: Class 5 Before: Pain J Decision: (1) The Defendant not be granted leave to inspect Packet S-4 pursuant to r 33.8 of the Uniform Civil Procedure Rules 2005 (UCPR).

(2) The Defendant not be granted leave to inspect Packet S-10 pursuant to r 33.8 of the UCPR. Catchwords: PROCEDURE – claim of legal professional privilege by prosecutor upheld Legislation Cited: Evidence Act 1995 (NSW) ss 117, 118, 119, 131A, 142 Native Vegetation Act 2003 s 12 Uniform Civil Procedure Rules 2005 (NSW) r 33.8 Cases Cited: Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd (No 4) [2014] FCA 796 Krok v Szaintop Homes Pty Ltd (No 1) [2011] VSC 16 Sydney Airports Corporation Ltd v Singapore Airlines Ltd & Qantas Airways Ltd [2005] NSWCA 47 Category: Procedural and other rulings Parties: Chief Executive, Office of Environment and Heritage (Prosecutor)

Namoi Valley Farms Pty Limited (Defendant) Representation: COUNSEL: D Beaufils (Prosecutor) J Ireland QC (Defendant)

SOLICITORS: Department of Planning, Industry and Environment (Prosecutor) McGirr Lawyers (Defendant) File Number(s): 19/81751