Lawson v Minister for Environment and Water (No 2) [2022] NSWLEC 133

Land and Environment Court New South Wales

Medium Neutral Citation: Lawson v Minister for Environment and Water (No 2) [2022] NSWLEC 133 Hearing dates: 7 November 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Class 3 Before: Moore J Decision: Orders at [84] and [85] Catchwords: SUBPOENA ‑ Applicant issues subpoena to the Third Respondent ‑Third Respondent's Notice of Motion to have subpoena set aside in part - Third Respondent's subpoena challenge partially resolved by agreement ‑ challenge remained as to whether two anthropological reports protected from production by legal privilege - report known as "Martin report" not protected - production to be required ‑ consideration of potential confidentiality regime required - report known as "Lum report" protected - production not to be required COSTS - equality in outcomes of Third Respondent's Notice of Motion - appropriate that there be no order for costs of Third Respondent's Notice of Motion Legislation Cited: Evidence Act 1995 (NSW), ss 118 and 133 Native title Act 1993 (Cwth), ss 82(2) and 87A Uniform Civil Procedure Rules 2005, rr 1.8 and 6.24 Cases Cited: 789TEN v Westpac Banking Corporation Ltd [2005] NSWSC 123 Australian Competition and Consumer Commission v Cadbury Schweppes Pty Ltd (2009) 174 FCR 547 Barkandji Traditional Owners #8 (Part B) v Attorney-General of New South Wales [2017] FCA 971 Barkandji Traditional Owners #8 v Attorney-General of New South Wales [2015] FCA 604 Buzzle Operations v Apple Computer Australia (2009) 74 NSWLR 469; [2009] NSWSC 225 Federal Commissioner of Taxation v Spotless Services Ltd (1996) 186 CLR 404 Lawson v Minister for Environment and Water [2022] NSWLEC 122 Mann v Carnell (1999) 201 CLR 1 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 State Bank of South Australia v Smoothdale No 2 Ltd (1995) 64 SARS 224 Category: Procedural rulings Parties: Ms Dorothy Lawson (Applicant) Minister for Environment and Water (First Respondent) State of New South Wales (Second Respondent) Barkandji Native title Group Aboriginal Corporation (Third Respondent) Representation: Counsel: Mr D Yarrow, barrister (Applicant) Mr W Ambrose, barrister (First Respondent) Mr J Waters SC (Second Respondent) Ms C Taggart, barrister (Third Respondent)