NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Martin v State of New South Wales (No 2) [2010] NSWLEC 271
APPLICANT: Anthony Gilbert Martin
PARTIES : FIRST RESPONDENT: State of New South Wales
SECOND RESPONDENT: Central West Scientific Pty Ltd
FILE NUMBER(S) : 80004 of 2010
CORAM: Biscoe J
KEY ISSUES: PRACTICE AND PROCEDURE :- discovery
LEGISLATION CITED: Mining Act 1992
CASES CITED: Martin v State of NSW [2010] NSWLEC 247
DATES OF HEARING: 29 December 2010
EX TEMPORE JUDGMENT DATE : 29 December 2010
APPLICANT: Mr A Martin (in person) SOLICITORS: n/a LEGAL REPRESENTATIVES: SECOND RESPONDENT: Mr T Richards (director) SOLICITORS: n/a
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
29 December 2010
80004 of 2010
MARTIN v STATE OF NEW SOUTH WALES & ANOR
EX TEMPORE JUDGMENT 1 HIS HONOUR: I am dealing with a discovery issue.
2 On 29 November 2010 I ordered each respondent to give discovery of certain documents by 6 December 2010: Martin v State of NSW [2010] NSWLEC 247. Subsequently, the applicant disputed the adequacy of the first respondent's discovery and complained that the second respondent had failed to comply with the discovery order against it. The matter came before Justice Pain on 23 December 2010. Her Honour made certain directions, including that the matter be adjourned to today before me as the duty judge to deal with the complaint of non-discovery against the second respondent which was directed to attend. The first respondent was excused from attendance. 3 Mr Richards, a director of the second respondent, represents the second respondent today. He has apologised for not complying with the discovery order. He has explained that he was impeded in complying with the order due to his absence from the State until 23 December and he has referred obliquely to further circumstances which have impeded him since then. He indicated that he expected to be able to comply today. He and the applicant have agreed that copies of discovered documents may be provided to the applicant on a DVD.
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