NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Jeray v Blue Mountains City Council [2010] NSWLEC 123
APPLICANT Ivan Jeray PARTIES : RESPONDENT Blue Mountains City Council
FILE NUMBER(S) : 40517 of 2010
CORAM: Pepper J
KEY ISSUES: PRACTICE AND PROCEDURE :- notice of motion seeking production by council of documents alleged to have been removed from files and the names of council officers handling files - refusal to assist the council in the identification of the alleged missing documents - no impediment to issuing a subpoena or notice to produce to obtain the documents - motion dismissed
LEGISLATION CITED: Local Government Act 1993 ss 12, 12A, 12B, 13, 335, 343 and 375 Civil Procedure Act 2005 ss 56-58
CASES CITED: Caroona Coal Action Group Inc v Coal Mines Australia Pty Limited and Minister for Mineral Resources (No 3) [2010] NSWLEC 59 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39; (2010) 172 LGERA 157
DATES OF HEARING: 9 July 2010
EX TEMPORE JUDGMENT DATE : 9 July 2010
APPLICANT Mr I Jeray (in person) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT Mr D Baird (solicitor) SOLICITORS Marsdens Law Group
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PEPPER J
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