Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd & Ors [2011] NSWLEC 25

Land and Environment Court New South Wales

Medium Neutral Citation: Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd & Ors [2011] NSWLEC 25 Hearing dates: 1 March 2011 Decision date: 01 March 2011 Jurisdiction: Class 4 Before: Pepper J Decision: The orders of the Court are therefore: (1) the subpoena to Resource Laboratories Pty Ltd issued on 22 February 2011 is amended to cover only the period from September 2009 to May 2010 inclusive; (2) the notice to produce to the Botany Building Recyclers Pty Ltd issued 22 February 2011 is set aside; (3) the subpoena to the Department of Environment, Climate Change and Water issued on 25 February 2011 and the notice to produce to all respondents issued on 18 February 2011, are stood over to 3 March 2003. Catchwords: PROCEDURE - application to set aside subpoenas - whether any legitimate forensic purpose - whether too broad and oppressive - subpoenas set aside in whole and in part Legislation Cited: Environmental Planning and Assessment Act 1979 Protection of the Environment Operations Act 1997 Water Management Act 2000 Uniform Civil Procedure Rules 2005 Cases Cited: Azar Building Construction Services Pty Ltd v Transport Infrastructure Corporation [2010] NSWLEC 110 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 NSW Commissioner of Police v Tuxford [2002] NSWCA 139 Category: Procedural and other rulings Parties: Wollondilly Shire Council (Applicant) Foxman Environmental Development Services Pty Ltd (First Respondent) Phillip Foxman (Second Respondent) Botany Building Recyclers Pty Ltd (Third Respondent) Craig Hardy (Fourth Respondent) Representation: Counsel: Mr T Howard (Applicant) Mr P Clay with Mr M Seymour (First, Second and Third Respondents) Mr A Hudson (solicitor) (Fourth Respondent) Solicitors: Hones La Hood (Applicant) Whittens Lawyers (First, Second, Third Respondent) Wilshire Webb Staunton Beattie Lawyers (Fourth Respondent) File Number(s): 40578 of 2010