Jacfin Pty Ltd v TransGrid [2013] NSWLEC 180

Land and Environment Court New South Wales

Medium Neutral Citation: Jacfin Pty Ltd v TransGrid [2013] NSWLEC 180 Hearing dates: 16, 17 October 2013 Decision date: 17 October 2013 Jurisdiction: Class 3 Before: Craig J Decision: 1. The respondent's Notice of Motion filed on 2 October 2013 is dismissed. 2. The respondent must pay the applicant's costs of that Motion. 3. The exhibits, all being documents filed in the proceedings, will be retained on file. Catchwords: PROCEDURE - motion seeking order for production of documents - objection to compensation offered following compulsory acquisition of land - issue between planning experts as to highest and best use of land - document relevant only to credibility of witness not to be the subject of an order for production - documents passing between consultants and client did not meet threshold test of relevance to a fact in issue - documents not relevant to 'disregard' under s 56(1) of the Land Acquisition (Just Terms) Compensation Act 1991 - prematurity in issuing notice to produce before all evidence served and joint experts' reports prepared - motion dismissed Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Electricity Supply Act 1995 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd [2013] NSWLEC 122 Category: Procedural and other rulings Parties: Jacfin Pty Limited (Applicant) TransGrid (Respondent) Representation: R P L Lancaster SC (Applicant) M J Astill (Respondent) Jones Day (Applicant) Ashurst Australia Solicitors (Respondent) File Number(s): 30312 of 2013