Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd [2013] NSWLEC 122

Land and Environment Court New South Wales

Medium Neutral Citation: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd [2013] NSWLEC 122 Hearing dates: 17 June 2013 Decision date: 30 July 2013 Jurisdiction: Class 4 Before: Pepper J Decision: Subpoenas and notice to produce set aside. First respondent to pay the applicant's costs of the notice of motion. Catchwords: PROCEDURE: application to set aside subpoenas and notice to produce - applications arose in context of foreshadowed application to amend a summons seeking judicial review of a decision to grant modification approval to a consent in 2009 - amendment opposed on the ground that it was time barred under r 59.10(1) of the Uniform Civil Procedure Rules 2005 - subpoenas and notice to produce issued to obtain documents relevant to delay and to discretion to extend time under r 59.10(2) of the Uniform Civil Procedure Rules 2005 and/or s 64 of the Civil Procedure Act 2005 - subpoenas and notice to produce set aside.

JUDICIAL REVIEW: whether Pt 59 of the Uniform Civil Procedure Rules 2005 applied retrospectively to a decision made in 2009 - if so, whether discretion should be exercised to extend time in which to seek judicial review under r 59.10(2) of the Uniform Civil Procedure Rules 2005 - whether exercise of discretion under s 64 of the Civil Procedure Act 2005 prevents extension of time. Legislation Cited: Civil Procedure Act 2005, ss 56-61, 64, 65

Uniform Civil Procedure Rules 2005, r 33.4, Pt 59 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175

Azar Building Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110