Bailey v Director-General, Department of Natural Resources [2013] NSWSC 515

Supreme Court New South Wales

Medium Neutral Citation: Bailey v Director-General, Department of Natural Resources [2013] NSWSC 515 Hearing dates: 17/08/2012 Decision date: 17 May 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Notice of Motion filed 13 August 2012 be dismissed. (2) Defendants to pay the costs of the attendance of Mr Luxton on 17 August 2012. (3) Plaintiffs to pay the defendants' costs of the Motion, excluding the costs the subject of Order 2. Catchwords: PROCEDURE - notice of motion - application to reject evidence sworn in an affidavit under ss 61(2)(a) and 61(3)(e) of Civil Procedure Act 2005 and s 192A(a) of Evidence Act 1995- no benefit of advance ruling- not in the interests of justice to compel an admission - no general point of principle Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Native Vegetation Conservation Act 1997 Water Act 1912 Cases Cited: Australian Competition & Consumer Commission v Allphones Retail Pty Ltd (No.3) [2009] FCA 1075; Bailey v Department of Land and Water Conservation [2009] NSWCA 100; Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2012] FCA 185 Category: Procedural and other rulings Parties: Bruce Clyde Bailey (P1) Janet Shafik Bailey (P2) Director-General, Department of Natural Resources NSW (D1) Water Administration Ministerial Corporation (D2) State of NSW (D3) Representation: Counsel: Mr P E King (P) Mr I L Harvey (D) Solicitors: Hicksons Lawyers (P1 & P2) Crown Solicitors (D1, D2 & D3) File Number(s): 2006/267230