ROADS & TRAFFIC AUTHORITY OF NSW v AUSTRALIAN NATIONAL CAR PARKS PTY LTD [2007] NSWCA 114

New South Wales Court of Appeal

CITATION: ROADS & TRAFFIC AUTHORITY OF NSW v AUSTRALIAN NATIONAL CAR PARKS PTY LTD [2007] NSWCA 114

HEARING DATE(S): 16 April 2007

JUDGMENT DATE: 15 May 2007

JUDGMENT OF: Mason P at 1; McColl JA at 33; Bell J at 34

DECISION: Appeal dismissed

CATCHWORDS: PROCEDURE – Supreme Court procedure – New South Wales – procedure under rules of court – preliminary discovery – where seeking to identify possible defendants – privacy protection – Uniform Civil Procedure Rules 2005, s 5.2 – Road Transport (Vehicle Registration) Act 1997, ss 11, 15 – Road Transport (Vehicle Registration) Regulation 1998, reg 15 – Privacy Act 1988 (Cth), s 14 - PROCEDURE – Supreme Court procedure – New South Wales – procedure under rules of court – preliminary discovery – where seeking to identify possible defendants – whether application has been made after applicant has made "reasonable enquiries" to ascertain identity –whether freedom of information application should have been made – Uniform Civil Procedure Rules 2005, r 5.2(1)(a) – Freedom of Information Act 1982 (Cth) - PROCEDURE – Supreme Court procedure – New South Wales – procedure under rules of court – preliminary discovery – where seeking to identify possible defendants – whether discovery "tends to assist in ascertaining the identity" of persons concerned – Uniform Civil Procedure Rules 2005, s 5.2(1)(b)

Federal Court Rules Freedom of Information Act 1982 LEGISLATION CITED: Road Transport (Vehicle Registration) Act 1997 Road Transport (Vehicle Registration) Regulation 1998 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005

Hughes Aircraft Systems International v Civil Aviation Authority (1995) 217 ALR 303 Levis v McDonald (1997) 75 FCR 36 CASES CITED: Norwich Pharmacal Co v Commissioner of Customs and Excise Commissioners [1974] AC 133 Re Application of Cojuangco (1986) 4 NSWLR 513 Stewart v Miller [1979] 2 NSWLR 128