Flower and Samios Pty Limited v Ku-ring-gai Council [2001] NSWLEC 187

Land and Environment Court of New South Wales

CITATION : Flower and Samios Pty Limited v Ku-ring-gai Council [2001] NSWLEC 187 APPLICANT Flower and Samios Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10303 of 2000 CORAM: McEwen AJ KEY ISSUES: Practice and Procedure :- privileged document LEGISLATION CITED: Evidence Act 1995, s 122 Attorney General for the Northern Territory v Maurice and Ors (1986) 161 CLR 475; CASES CITED: Benecke v National Australia Bank (1993) 35 NSWLR 110; Multistar Pty Limited v The Minister for Urban Affairs and Planning and Anor [2000] NSWLEC 231 DATES OF HEARING: 31/07/2001 EX TEMPORE JUDGMENT DATE : 07/31/2001

APPLICANT Mr A Whealy (Solicitor)

SOLICITORS Pricewaterhouse Coopers Legal LEGAL REPRESENTATIVES: RESPONDENT Mr D Dupree (Solicitor)

SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND 10303 of 2000 ENVIRONMENT COURT McEwen AJ OF NEW SOUTH WALES 31 July 2001

Flower and Samios Pty Limited Applicant v

Ku-ring-gai Council Respondent

JUDGMENT

1. This matter comes before the Court in relation to a notice to produce issued by the applicant addressed to the respondent Council seeking the production today at Court of the document identified as a statement of evidence prepared by Mr Ian English, dated July 2001 in relation to these proceedings. Mr Ian English is an arborist retained on behalf of the Council to advise in relation to this application. The proceedings concern a SEPP 5 development application on a block of land of some 50 or so hectares, close by the present Seventh Day Adventist Hospital in Ku-ring-gai.