Weston Aluminium Pty Limited v Environment Protection Authority [2021] NSWLEC 62

Land and Environment Court New South Wales

Medium Neutral Citation: Weston Aluminium Pty Limited v Environment Protection Authority [2021] NSWLEC 62 Hearing dates: 08 April 2021 Date of orders: 08 April 2021 Decision date: 08 April 2021 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [33] Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside Legislation Cited: Civil Procedure Act 2005 (NSW) s 14 Evidence Act 1995 (NSW) s 55 Land and Environment Court Act 1979 (NSW) s 31 Protection of the Environment Operations Act 1997 (NSW) ss 88, 287 Protection of the Environment Operations (Waste) Regulation 2014 (NSW) cl 20 Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 34.2 Cases Cited: ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 ICAP Pty Ltd v Moebes [2009] NSWSC 306 Rinehart v Rinehart [2018] NSWSC 1102 Category: Procedural rulings Parties: Weston Aluminium Pty Limited (Respondent on the Motion) Environment Protection Authority (Applicant on the Motion) Representation: Counsel: Dr S Berveling (Respondent on the Motion) T Poisel (Applicant on the Motion)

Solicitors: G&B Lawyers (Respondent on the Motion) Environment Protection Authority (Applicant on the Motion) File Number(s): 2021/00032004 Publication restriction: Nil

EX TEMPORE Judgment (REVISED) 1. Before the Court is a notice of motion filed on 24 March 2021 by the Environment Protection Authority ('EPA'), the respondent in the substantive Class 4 proceedings commenced by Weston Aluminium Pty Limited ('Weston'). The motion seeks an order pursuant to r 34.2(1) of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR') and s 14 of the Civil Procedure Act 2005 (NSW) ('CP Act') setting aside a notice to produce to court filed in the earlier Class 1 incarnation of the proceedings by Weston on 23 October 2020. 2. The motion was heard by me today. Mr T Poisel of counsel, appeared for the EPA, and Dr S Berveling of counsel, appeared for Weston. For the reasons that I now give, I have decided that it is appropriate that the notice to produce be set aside.