Hyside Projects Subthree Pty Ltd v City of Canada Bay Council [2021] NSWLEC 94

Land and Environment Court New South Wales

Medium Neutral Citation: Hyside Projects Subthree Pty Ltd v City of Canada Bay Council [2021] NSWLEC 94 Hearing dates: 26 August 2021 Date of orders: 26 August 2021 Decision date: 26 August 2021 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [10] Catchwords: NOTICE TO PRODUCE - Class 1 appeal against deemed refusal of development application - Applicant serves Notice to Produce to the Court on the Respondent - Respondent owns land adjacent to the Applicant's development site - Development Control Plan (DCP) contains provisions concerning site consolidation - provisions identify the development site and the Respondent's land is desirable to be amalgamated - Applicant seeks documents concerning any past negotiations concerning the sale of the Respondent's land - Applicant also seeks production of documents concerning process leading to adoption of the DCP - Respondent seeks to have the Notice to Produce to the Court set aside on the basis that no legitimate forensic purpose has been established for either element - forensic purpose established the documents concerning past negotiations - paragraph permitted to stand - no forensic purpose established the documents concerning the process for adoption of the DCP - paragraph struck out Legislation Cited: Strathfield Triangle Development Control Plan Cases Cited: Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Procedural rulings Parties: Hyside Projects Subthree Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: Mr T Hale SC (Applicant) Ms H Irish, barrister (Respondent)