Ralph Lauren 57 Pty Ltd v Byron Shire Council; Ralph Lauren 57 Pty Ltd v Byron Shire Council [2013] NSWCA 307

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ralph Lauren 57 Pty Ltd v Byron Shire Council; Ralph Lauren 57 Pty Ltd v Byron Shire Council [2013] NSWCA 307 Hearing dates: 9 September 2013 Decision date: 09 September 2013 Before: Leeming JA Decision: 1. The Notices of Motion filed on 2 and 3 September 2013 are dismissed. 2. The Court directs that within 7 days the Council provide to the applicants a masked transcript of the confidential session of the Council of 14 April 2011. 3. The Court reserves to the hearing of the appeal on 21 October 2012 any application the applicants see fit to make pursuant to UCPR 51.51. 4. The applicants to pay the Council's costs of the Notices of Motion filed on 2 and 3 September 2013. 5. In the event that a further application is made by the applicants based on waiver, there is liberty to apply to vary order 4. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EVIDENCE - privilege - waiver - whether submissions opposing application for leave capable of waiving privilege - whether submissions disclosed substance of advice - motions for access dismissed Legislation Cited: Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12 Cooper v Hobbs [2013] NSWCA 70 Hine v New South Wales Land and Housing Corporation [2009] FCA 502 Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2012] NSWCA 437 Mann v Carnell [1999] HCA 66;(1999) 201 CLR 1 Nicholls v Michael Wilson and Partners [2010] NSWCA 100 Category: Interlocutory applications Parties: 2013/13396: Ralph Lauren 57 Pty Ltd (first applicant) PJ George Investments Pty Ltd (second applicant) Ralph Lauren Pty Ltd (third applicant) Robert Watson (fourth applicant) Immer (No 196) Pty Ltd (fifth applicant) John Vaughan (sixth applicant) Anne Vaughan (seventh applicant) Stewartville Pty Ltd (eighth applicant) John Anthony Callanan (ninth applicant) Simon Clowes (tenth applicant) Lisa Clowes (eleventh applicant) Byron Shire Council (first respondent) Minister for the Environment (second respondent)