Martin v The State of New South Wales [2011] NSWLEC 63

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v The State of New South Wales [2011] NSWLEC 63 Hearing dates: 7 April 2011 Decision date: 07 April 2011 Before: Craig J Decision: 1. The applicant's notice of motion so far as it seeks to set aside the notice to produce issued by the respondent on 18 March 2011 is dismissed. 2. The determination of Order 2 sought in the applicant's notice of motion is adjourned to the hearing of the respondent's notice of motion for security for costs on Tuesday, 3 May 2011 . 3. Extend time for compliance with the respondent's notice to produce to Friday, 15 April 2011 . 4. The applicant is to pay the respondent's costs of his notice of motion so far as that notice of motion seeks the setting aside of the respondent's notice to produce. 5. The exhibits may be returned. Catchwords: PROCEDURE:- application to set aside notice to produce - documents sought in support of motion for security for costs - legitimate forensic purpose - application dismissed Legislation Cited: Mining Act 1992 Uniform Civil Procedure Rules 2005 Cases Cited: Burrell Place Community Action Group Inc v Griffith City Council [2009] NSWLEC 120 Rajski v Computer Manufacture and Design Pty Ltd [1982] 2 NSWLR 443; [1983] 2 NSWLR 122 Merribee Pastoral Industry Pty Ltd v Australia and New Zealand Banking Group Ltd [1998] HCA 41; (1998) 193 CLR 502 Category: Procedural and other rulings Parties: In person (Applicant) C Spruce (Respondent) Representation: N/A C Spruce (Respondent) In person Crown Solicitors Office (Respondent) File Number(s): 80001 of 2011