Joseph v Spencer (No 5) [2021] NSWLEC 139

Land and Environment Court New South Wales

Medium Neutral Citation: Joseph v Spencer (No 5) [2021] NSWLEC 139 Hearing dates: 25 November 2021 Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Class 2 Before: Moore J Decision: See order at [43] Catchwords: NOTICE OF MOTION - Applicant serves Notice to Produce to the Court No 3 on Second Respondent - Second Respondent seeks to have Notice set aside - consideration of whether Notice discloses any legitimate forensic purpose apparently relevant to issues in dispute in the proceedings - does s 108A of the Evidence Act 1995 (NSW) justify requiring compliance with the Notice - evidence given at an earlier hearing, properly understood, does not disclose any "previous representation" to which s 108A could apply - documents sought by Notice have no apparent relevance to matters in dispute - Notice to Produce to the Court No 3 set aside Legislation Cited: Evidence Act 1995 (NSW), s 108A Trees (Disputes Between Neighbours) Act 2005, Pt 2A Cases Cited: Joseph v Spencer [2021] NSWLEC 99 Joseph v Spencer (No 2) [2021] NSWLEC 130 Joseph v Spencer (No 3) [2021] NSWLEC 137 Norris v Kandiah [2007] NSWSC 1296 Rinehart v Rinehart [2018] NSWSC 1102 Category: Procedural rulings Parties: Michael Joseph (Applicant) Ricardo Spencer (First Respondent) Jennifer Spencer (Second Respondent) Representation: Counsel: Mr M Joseph (in person - Applicant) Ms J Spencer (Second Respondent in person and agent for the First Respondent) File Number(s): 174119 of 2021 Publication restriction: No