NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McIlveen v Baiada Poultry Pty Ltd [2002] NSWLEC 137 APPLICANT McIlveen PARTIES : RESPONDENT Baiada Poultry Pty Ltd FILE NUMBER(S) : 40001 of 2002 CORAM: Pearlman J KEY ISSUES: Practice and Procedure :- notice to produce - application to set aside - oppressive - relevance - "fishing expedition" LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s106, s 107, s 109 Lucas Industries Ltd v Hewitt and Ors (1978) 18 ALR 555; CASES CITED: Southern Pacific Hotel Services Inc v South Pacific Hotel Corporation Ltd (1984) 1 NSWLR 710; Spencer Motors Pty Ltd v LNC Industries Ltd (1982) 2 NSWLR 921 DATES OF HEARING: 06/08/2002 DATE OF JUDGMENT: 08/09/2002
APPLICANT Mr J B Maston (Barrister) with Mr C Dimitriadis (Barrister) SOLICITORS Duncan MacLean LEGAL REPRESENTATIVES: RESPONDENT Mr A E Galasso (Barrister) SOLICITORS Mallesons Stephen Jaques
JUDGMENT:
IN THE LAND AND 40001 of 2002 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 9 August 2002
ROBERT DOUGLAS McILVEEN Applicant v BAIADA POULTRY PTY LTD Respondent
JUDGMENT
Introduction
1. By notice of motion, the respondent, Baiada Poultry Pty Ltd, seeks the setting aside of a notice to produce dated 21 June 2002 served upon it by the applicant, Mr R D McIlveen.
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