Hornsby Shire Council v Valuer General of NSW [2008] NSWSC 1179

New South Wales Supreme Court

CITATION : Hornsby Shire Council v Valuer General of NSW [2008] NSWSC 1179

HEARING DATE(S) : 25 & 26 August 2008

JUDGMENT DATE : 6 November 2008

JURISDICTION : Common Law

JUDGMENT OF : Adams J at 1

1. The plaintiff has leave to obtain access to the documents produced on subpoena in New South Wales Supreme Court proceedings No 30051/2003 by the second defendant in these proceedings. 2. The first defendant is to give the plaintiff discovery of all documents falling within paragraph 1 in Schedule 1 to the summons that are or have been in his possession, or the possession of his office. 3. The second defendant is to give the plaintiff discovery of all documents falling within Schedule 1 to the summons that are or have been in his possession. DECISION : 4. The third defendant is to give the plaintiff discovery of all documents falling within Schedule 1 to the summons that are or have been in its possession. 5. The fourth defendant give the plaintiff discovery of all documents falling within Schedule 2 to the summons that are or have been in its possession. 6. Liberty to the parties to apply on 3 days notice. 7. The parties to file written submissions on the question of costs within 14 days.

CATCHWORDS : Procedure -subpoenaed documents - use for collateral purpose - implied obligation - need for leave - preliminary discovery - application of r 5.3 UCPR.

Civil Liability Act 2002 s 5 O Land Acquisition (Just Terms Compensation) Act 1991 LEGISLATION CITED : s37 Trade Practices Act 1974 Uniform Civil Procedure Rules R 5.3 Valuation of Land Act 1916