NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bardley-Smith & Ors v Penrith City Council & Anor [2009] NSWLEC 1338
FIRST APPLICANT Janis Margaret Bardley-Smith
SECOND APPLICANT Anthony Munro Ferguson
PARTIES : THIRD APPLICANT Ian Patrick Stubbs
FIRST RESPONDENT Penrith City Council
SECOND RESPONDENT Administration and Marketing Solutions Pty Ltd
FILE NUMBER(S) : 40565 of 2009
CORAM: Acting Registrar Gray
KEY ISSUES: PRACTICE AND PROCEDURE :- Privilege claimed over subpoenaed material; Amendments to pleadings - whether leave should be granted to amend the pleadings where the relevant party is not joined; Order for discovery - whether order should be made.
Evidence Act 1995 s 117, s 118, s 119, s 122 LEGISLATION CITED: Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005
Meteyard & Ors v Love & Ors as receivers and managers of Southland Coal Pty Ltd (2005) 65 NSWLR 36, [2005] NSWCA 444 CASES CITED: Westfield Management Pty Limited & Anor v Gazcorp Pty Limited & (2) Ors [2004] NSWLEC 7 Westpac Banking Corporation v 789TEN Pty Ltd (2005) 55 ACSR 519, [2005] NSWCA 321
DATES OF HEARING: 8 October 2009
DATE OF JUDGMENT: 12 October 2009
APPLICANTS Mr C R Ireland SOLICITORS McPhee Kelshaw
FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr G Hartley, Solicitor Gadens Lawyers
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