RTA v Care Park Pty Ltd [2011] NSWSC 714

Supreme Court New South Wales

Medium Neutral Citation: RTA v Care Park Pty Ltd [2011] NSWSC 714 Hearing dates: 17 June 2011 Decision date: 14 July 2011 Jurisdiction: Civil Before: Adams J Decision: (1) Leave to appeal from the orders for production is granted but the appeal is dismissed. (2) The appeal in respect of the order for costs is allowed, the order is quashed and substituted therefore is an order that the RTA must pay Care Park's costs as agreed or assessed in the Local Court. (3) The RTA is to pay Care Park's costs of the appeal. Catchwords: PROCEDURE - preliminary discovery to identify defendants - Uniform Civil Procedure Rules 2005, r 5.2 - demand before action - possible pre-action settlement - whether intent to sue - unconditional intention not required. Legislation Cited: Local Courts Act 2007 Road Transport (Vehicle Registration) Act 1997 Uniform Civil Procedure Rules 2005 Cases Cited: Care Park v Universal One Communication Pty Limited & Anor [2009] NSWSC 1405 Roads & Traffic Authority of New South Wales v Australian National Car Parks Pty Limited [2007] NSWCA 114 Category: Principal judgment Parties: Roads & Traffic Authority of New South Wales (Plaintiff) Care Park Pty Ltd (Defendant) Representation: J. C. Giles (Plaintiff) J. Stoljar SC / K. Dawson (Defendant) Hunt & Hunt (Plaintiff) Parke Lawyers (Defendant) File Number(s): 11/160381 Decision under appeal Jurisdiction: 9109