DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 4) [2010] NSWCA 114

New South Wales Court of Appeal

CITATION: DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 4) [2010] NSWCA 114 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 20 May 2010

JUDGMENT DATE: 20 May 2010

JUDGMENT OF: Basten JA at 1

(1) Applicant to file and serve any affidavits in reply on or before Wednesday 26 May 2010. (2) Applicant to file and serve written submissions on or before Wednesday 26 May 2010. (3) Second, fourth and fifth respondents to file and serve written submissions on or before Friday 28 May 2010. (4) Applicant to file and serve any written submissions in reply on or before Monday 31 May 2010. (5) The request for a separate determination of certain questions raised by the relief sought in the summons is rejected. (6) Stand over any question of compliance with, or setting aside of, the notices to produce which have been issued by the applicant to the hearing of the summons. (7) Dismiss the notice of motion filed on behalf of the second and fifth respondents, with no order as to costs. DECISION: (8) Note the statement of counsel for the State that – (a) it will give consideration to such matters as can be admitted; (b) it has produced the documents referred to in pars 7 and 8 of the letter of 3 March 2010, and (c) it has obtained some, though not necessarily all, documents available in relation to pars 4, 5 and 6 of that letter and is using its best endeavours to obtain a complete set of documents which it is able to provide before the hearing to the extent that there is no objection to their production. (9) Note there is a question of relevance reserved by the State in relation to all material sought pursuant to the notice to produce. (10) Reserve the costs of today other than in relation to the motion the subject of order (7) which has been dismissed. (11) Grant leave to the applicant to file a second further amended summons in the form which has been provided to the Court, signed by me and placed with the papers. (12) Vacate 3 June 2010 as the date for hearing of the summons and fix the hearing for 1 June 2010. Note that the Court will be available on 2 June if the matter is not completed on 1 June.