Ngurampaa Ltd v Brewarrina Shire Council [2014] NSWSC 524

Supreme Court New South Wales

Medium Neutral Citation: Ngurampaa Ltd v Brewarrina Shire Council [2014] NSWSC 524 Hearing dates: 22 April 2014 Decision date: 22 April 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)The subpoena issued at the request of the plaintiff on 26 February 2014 addressed to Mr Ross Earl, General Manager, Brewarrina Shire Council be set aside. (2)Order the plaintiff pay the costs of the first and second defendant of and incidental to this application on the usual basis after they have been agreed or assessed. (3)Confirm the listing of the matter for directions before the common law case management registrar at 9am on 23 April 2014. Catchwords: PROCEDURE - civil - subpoena - set aside; application to - abuse of process - oppressive - no legitimate forensic process Legislation Cited: Aborigines Protection Act 1909 (NSW) (repealed) Judiciary Act 1903 (Cth), s 78B Supreme Court Act 1970 (NSW), ss 19, 75 Uniform Civil Procedure Rules 2005 (NSW), r 7.2, 7.3, 33.4 Cases Cited: Mabo and Others v The State of Queensland (No 2) (1992) 175 CLR 1; National Employers' Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372; The Commissioner for Railways v Small (1938) 38 SR (NSW) 564; Walker v The State of New South Wales (1994) 182 CLR 45; Category: Interlocutory applications Parties: Ngurampaa Ltd (plaintiff)

Brewarrina Shire Council (first defendant)

Minister for Primary Industry and Small Business (second defendant) Representation: Counsel: B Eckford (leave to appear in person for the plaintiff) S Bell (first defendant) D Byers (second defendant) Solicitors: Crown Solicitors Office (second defendant) File Number(s): 2014/58631