Dexus CPA Pty Ltd v Sydney Metro [2020] NSWLEC 71

Land and Environment Court New South Wales

Medium Neutral Citation: Dexus CPA Pty Ltd v Sydney Metro [2020] NSWLEC 71 Hearing dates: 28 May 2020 Date of orders: 22 June 2020 Decision date: 22 June 2020 Jurisdiction: Class 3 Before: Moore J Decision: See orders at [91] Catchwords: NOTICE TO PRODUCE TO THE COURT - Notice to Produce to the Court issued in Class 3 compulsory acquisition compensation proceedings - recipient of Notice seeks to have it set aside - recipient of Notice accepts some elements to be unobjectionable - Notice amended during course of hearing - recipient accepts amendments are ameliorative but presses objections to the Amended Notice - consideration of whether Amended Notice oppressive - objected to paragraphs of the Amended Notice are oppressive - judicial amendment not possible - striking out does not preclude service of a further notice when all the recipient's evidence filed and served - objected to paragraphs struck out Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Civil Procedure Act 2005, ss 56 and 64(1) Uniform Civil procedure Rules 2005, Pt 21 r 21.10, Pt 34 r 34.1 Cases Cited: Commissioner for Railways v Small (1938) 38 SR 564 Elanor Investors Limited v Sydney Zoo Pty Limited (No 4) [2019] NSWLEC 191 Hamilton v Oades [1989] HCA 21; (1989) 166 CLR 486 Norris v Kandiah [2007] NSWSC 1296 Rinehart v Rinehart [2018] NSWSC 1102 Trade Practices Commission v Arnotts Ltd (No 2) [1989] FCA 248; (1989) 88 ALR 90 Category: Procedural and other rulings Parties: Dexus CPA Pty Ltd (Applicant) Sydney Metro (Respondent) Representation: Counsel: Mr A Galasso SC/Mr R White, barrister (Applicant) Mr C Norton, barrister (Respondent)