Aversa v Roads & Maritime Services [2021] NSWSC 1047

Supreme Court New South Wales

Medium Neutral Citation: Aversa v Roads & Maritime Services [2021] NSWSC 1047 Hearing dates: 11 June 2021, written submissions, and 6 September 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Equity Before: Lindsay J Decision: (1) Dismissal of the first defendant's motion for an order that a notice to produce served by the plaintiffs be set aside. (2) Costs of the Motion to be the parties' costs in the proceedings, unless otherwise determined upon written submissions filed and served within the next week. (3) Directions to be given for determination of foreshadowed questions about public interest immunity, legal professional privilege and the terms of access to documents to be produced in answer to the notice to produce. Catchwords: CIVIL PROCEDURE — Notices to produce — Before hearing — Application to set aside on the grounds of oppression and lack of legitimate forensic purpose — Application dismissed Legislation Cited: Conveyancing Act 1919 NSW Conveyancing (General) Regulation 2018 NSW Land Acquisition (Just Terms Compensation) Act 1991 NSW Real Property Act 1900 NSW Roads Act 1993 NSW Supreme Court Act 1970 NSW Transport Administration Amendment (RMS Dissolution) Act 2019 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Cappello v Roads and Maritime Services (2019) 100 NSWLR 259 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Lazarus Estates Pty Ltd v Beasley [1956] 1 QB 702 Spencer v Commonwealth (1907) 5 CLR 419 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 Category: Procedural rulings Parties: First Plaintiff: Rosario Aversa Second Plaintiff: Antonia Aversa