Rundle v Tweed Shire Council & Anor [1988] NSWLEC 155

Land and Environment Court of New South Wales

CITATION : Rundle v Tweed Shire Council & Anor [1988] NSWLEC 155 APPLICANT Rundle PARTIES : RESPONDENT Tweed Shire Council & Anor FILE NUMBER(S) : 40241 of 1987 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Commonwealth Agricultural and Veterinary Chemicals Act 1988 Sankey v. Whitlam (1978); Alister v. R (1983); Alfred Crompton Amusements Machines Ltd v. Customs and Excise Commissioners (1974); CASES CITED: Norwich Pharmacal v. Customs and Excise Commissioners (1974); Campbell v. Tameside Metropolitan Borough Council (1987); Aboriginal Sacred Sites Protection Authority v. Maurice (1986); Barton v. Csidei (1979) DATES OF HEARING: 20/12/88 DATE OF JUDGMENT: 12/20/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: This is a Notice of Motion by a stranger to the proceedings to be excused from producing documents the subject of a subpoena duces tecum.

On 4th November, 1988 the Applicant served a subpoena on the Secretary of the Commonwealth Department of Community Services and Health requiring the production to this Court on 15th November, 1988 of the following documents:-

"All documents, reports, articles or other writings in its possession custody or control relating to the environmental and health effects of the herbicide 2,4-D."

By paragraph 2 of his Notice of Motion filed on 15th November, 1988 the Secretary of the aforesaid Commonwealth Department sought to be excused from producing specified documents on the ground of public interest immunity.