Hunter Environment Lobby Inc v Minister for Planning and Infrastructure [2013] NSWLEC 44

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter Environment Lobby Inc v Minister for Planning and Infrastructure [2013] NSWLEC 44 Hearing dates: 4 April 2013 Decision date: 04 April 2013 Jurisdiction: Class 4 Before: Craig J Decision: 1. Ashton's notice of motion dated 25 March 2013 is dismissed. 2. No order as to costs in respect of that motion. 3. All parties are given liberty to inspect the documents produced by the New South Wales Office of Water pursuant to the subpoena issued at the request of the applicant on 13 March 2013 and, subject to giving the usual undertaking, each party to have liberty to uplift and copy those documents. Catchwords: PRACTICE AND PROCEDURE - setting aside subpoena - legitimate forensic purpose - issues sufficiently deduced from documents filed - documents sought potentially provide material assistance on an identified issue - motion dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 2007 Cases Cited: ICAP Australia Pty Ltd v BCG Partners Australia Pty Ltd [2009] NSWCA 307 Category: Procedural and other rulings Parties: Hunter Environment Lobby Inc (Applicant) Minister for Planning and Infrastructure (First Respondent) Ashton Coal Operations Pty Limited (Second Respondent) Representation: R White (Applicant) A Summerhayes, solicitor (First Respondent) C R Ireland (Second Respondent) Environmental Defender's Office NSW (Applicant) Department of Planning and Infrastructure Legal Services Branch (First Respondent) McCullough Robertson (Second Respondent) File Number(s): 11154 of 2012