Quarry Products (Newcastle) Pty Ltd and Allandale Blue Metal Pty Limited v Roads and Maritime Services (No. 2) [2012] NSWLEC 32

Land and Environment Court New South Wales

Medium Neutral Citation: Quarry Products (Newcastle) Pty Ltd and Allandale Blue Metal Pty Limited v Roads and Maritime Services (No. 2) [2012] NSWLEC 32 Hearing dates: 29 February 2012 Decision date: 01 March 2012 Jurisdiction: Class 3 Before: Sheahan J Decision: 1. The respondent's Notice of Motion is upheld. 2. The applicants' Notice of Motion is dismissed. 3. The applicants are ordered to provide, within 21 days, materials truly responsive to the respondent's Notice to Produce dated 16 February 2012. 4. The costs of this hearing are reserved. 5. The Exhibits tendered during this hearing by the respondent are returned. Catchwords: Practice and Procedure: Notice to Produce Legislation Cited: Evidence Act 1995 Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 Uniform Civil Procedure Rules 2005 Cases Cited: Attorney General for New South Wales v Dylan Chidgey [2008] NSWCCA 65 Azar Building and Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110 McLaughlin v Dungowan Manly Pty Ltd (unreported, NSW Supreme Court matter 4927/06, 14 July 2009) National Employers' Mutual General Insurance Association Ltd v Waind and Hill [1978] 1 NSWLR 372 Norris v Kandiah [2007] NSWSC 1296 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Portal Software v Bodsworth [2005] NSWSC 1115 Category: Procedural and other rulings Parties: 30851 Quarry Products (Newcastle) Pty Ltd (Applicant) Roads and Maritime Services (Respondent) 30853 Allandale Blue Metal Pty Limited (Applicant) Roads and Maritime Services (Respondent) Representation: Mr J Webster SC (Applicant) Mr N Eastman (Respondent) Sparke Helmore (Applicant) Blake Dawson (Respondent) File Number(s): 30851 and 30853 of 2010