Taylor v Port Macquarie Hastings Council [2009] NSWLEC 1233

Land and Environment Court of New South Wales

CITATION : Taylor v Port Macquarie Hastings Council [2009] NSWLEC 1233

FIRST APPLICANT John Henry Taylor

PARTIES : SECOND APPLICANT Mildred Joyce Taylor

RESPONDENT Port Macquarie Hastings Council

FILE NUMBER(S) : 30623 of 2005

CORAM: Acting Registrar Gray

KEY ISSUES: SUBPOENA :- Application to set aside notice to produce & subpoena - whether abuse of process - whether there was a legitimate forensic purpose

Civil Procedure Act 2005 LEGISLATION CITED: Land Acquisition (Just terms compensation) Act 1991 Practice Note - Class 3 Compensation Claims

Commissioner for Railways v Small (1938) SR (NSW) 564 CASES CITED: Housing Commission of New South Wales v Falconer [1981] 1 NSWLR 547 ICAP Pty Ltd v Moebes [2009] NSWSC 306 R v Dennis James Taylor [2007] NSWCCA 104

DATES OF HEARING: 1 July 2009

DATE OF JUDGMENT: 10 July 2009

APPLICANTS Mr J Dupree SOLICITORS Russo & Partners LEGAL REPRESENTATIVES: RESPONDENT Mr J Lazarus SOLICITORS Donovan Oates Hannaford Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

ACTING REGISTRAR GRAY

FRIDAY 10 JULY 2009

05/30623 – John Henry Taylor & Anor v Port Macquarie Hastings Council

JUDGMENT

1 ACTING REGISTRAR: Before me is an application made by the respondent in the proceedings, Port Macquarie Hastings Council ("the Council"), to set aside a subpoena and a notice to produce. The subpoena was issued at the request of the applicants and required the production of documents by Environmental Resources Management Australia Pty Ltd ("ERM"). The notice to produce to the Court was issued by the applicants on 6 April 2009 and directed to the respondent. The application before me is made by notice of motion filed by the respondent on 27 April 2009, which also seeks an order for costs.