Strathfield Council v Australian Catholic University Limited [2013] NSWLEC 22

Land and Environment Court New South Wales

Medium Neutral Citation: Strathfield Council v Australian Catholic University Limited [2013] NSWLEC 22 Hearing dates: 19, 21 February 2013 Decision date: 22 February 2013 Jurisdiction: Class 4 Before: Pain J Decision: 1. Prayer 3 of the Council's Notice of Motion filed 19 February 2013 is refused. 2. Leave is not granted to disclose the Points of Defence filed on 5 February 2013 to the Planning Assessment Committee. 3. On 1 March 2013 an order will be made that Strathfield Council must pay Australian Catholic University Limited's costs unless the Council files written submissions by 5pm 28 February 2013. Catchwords: PROCEDURE - implied undertaking that documents compulsorily disclosed in proceedings, and not received into evidence, cannot without leave of the Court be used for any other purpose - whether court should lift implied undertaking on party not to disclose court documents - council wishing to disclose defence filed in court proceedings in Part 3A planning process before Planning Assessment Commission - no special circumstances demonstrated Legislation Cited: Civil Procedure Act 2005 s 16(1), s 86 Land and Environment Court Act 1979 s 16(1A) Uniform Civil Procedure Rules 2005 r 21.7 Cases Cited: Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 Jali Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2011] NSWLEC 67 James G Oberg (Sales) Pty Ltd v Oberg [2012] FCA 722; (2012) 292 ALR 673 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; (2005) 218 ALR 283 Loti Tuquiri v Australian Rugby Union Limited [2009] NSWSC 781 Newcastle Muslim Association Incorporated v Newcastle City Council [2012] NSWLEC 20; 188 LGERA 159 QBE Insurance (Australia) Ltd v Westpoint Realty Pty Ltd [2009] NSWSC 1298 Category: Procedural and other rulings Parties: Strathfield Council (Applicant) Australian Catholic University Limited (Respondent) Representation: Mr D Baird (solicitor) (Applicant) Mr C Withers (Respondent) HWL Ebsworth (Applicant) Clayton Utz (Respondent) File Number(s): 40619 of 2012