Fivex Pty Ltd v Valuer-General [2013] NSWLEC 114

Land and Environment Court New South Wales

Medium Neutral Citation: Fivex Pty Ltd v Valuer-General [2013] NSWLEC 114 Hearing dates: 22, 23 July 2013 Decision date: 23 July 2013 Jurisdiction: Class 3 Before: Craig J Decision: 1. Stand over the applicant's notice of motion filed on 14 June 2013 for final orders to be made on Friday 9 August 2013. 2. Direct that the respondent identify in writing and provide to the applicant by 5.00pm on Friday 26 July 2013 the tenancy documents that it seeks to have produced for the purpose of preparing its valuation evidence. 3. Direct that the applicant provide the documents so requested for inspection by 5.00pm on Wednesday 7 August 2013. 4. In the event of there being dispute as to the documents required to be produced, any notice of motion directed to that issue, must be filed and made returnable on Friday 9 August 2013. 5. By consent, the notice of motion filed by the applicant on 23 April 2013 is dismissed. 6. By consent order that the applicant pay the respondent's costs of the notice of motion filed on 23 April 2013, agreed in the sum of $600. Catchwords: PROCEDURE - motion to set aside subpoena - whether documents requested for a legitimate forensic purpose - whether it is likely that the documents the subject of the subpoena would materially assist on an identified issue - whether documents sought are relevant to valuation method proposed and to assessment of comparable sales - reasonable basis beyond speculation that documents will materially assist on the issue of valuation - subpoena has the hallmarks of a fishing expedition - subpoena not upheld in its present form - documents to be identified and provided Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Valuation of Land Act 1916 Cases Cited: Azar Building and Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110 Commonwealth Custodial Services Limited v Valuer-General [2007] NSWCA 365; 156 LGERA 186 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Toohey's Ltd v Valuer-General [1924] 25 SR (NSW) 75 Category: Procedural and other rulings Parties: Fivex Pty Limited (Applicant) Valuer-General (Respondent) Representation: I Hemmings (Applicant) M R M Carpenter (Respondent) Susan Hill & Associates Lawyers (Applicant) IV Knight, Crown Solicitor (Respondent) File Number(s): 31101, 31102 and 31103 of 2012