Murray v Woollahra Municipal Council [2013] NSWLEC 40

Land and Environment Court New South Wales

Medium Neutral Citation: Murray v Woollahra Municipal Council [2013] NSWLEC 40 Hearing dates: 28 March 2013 Decision date: 28 March 2013 Jurisdiction: Class 4 Before: Craig J Decision: Orders as set out at [24] Catchwords: PRACTICE AND PROCEDURE - notice to produce - Uniform Civil Procedure Rules 2005, r 21.10 - necessity for document to be relevant to a fact in issue - production of legal advices sought - proceedings challenge validity of development consent - Council interpretation of "height" in planning instrument challenged - Council's interpretation based on legal advice - determination of height jurisdictional - advice received by Council not relevant to a fact in issue - motion dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Evidence Act 1995 (NSW) Woollahra Local Environmental Plan 1995 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: John Murray (First Applicant) Wendy Murray (Second Applicant) Woollahra Municipal Council (First Respondent) Debra Ann Klein (Second Respondent) Representation: S Duggan SC with S Nash (Applicants) I J Hemmings (First Respondent) J E Robson SC (Second Respondent) Comino Prassas Solicitors (Applicants) Wilshire Webb Staunton Beattie Lawyers (First Respondent) Susan Hill & Associates Lawyers (Second Respondent) File Number(s): 41236 of 2012