Wyong Shire Council v Australia Skydive Pty Ltd; Australia Skydive Pty Ltd v Wyong Shire Council; Australia Skydive Pty Ltd v Central Coast Aero Club Ltd [2014] NSWLEC 56

Land and Environment Court New South Wales

Medium Neutral Citation: Wyong Shire Council v Australia Skydive Pty Ltd; Australia Skydive Pty Ltd v Wyong Shire Council; Australia Skydive Pty Ltd v Central Coast Aero Club Ltd [2014] NSWLEC 56 Hearing dates: 12 May 2014 Decision date: 12 May 2014 Jurisdiction: Class 4 Before: Craig J Decision: 1.Order that Australia Skydive Pty Ltd produce the documents identified in paragraphs 1, 2 and 3 of the Council's Notice to Produce filed on 13 March 2014. 2.Dismiss the Notice of Motion filed by Australia Skydive Pty Ltd on 3 April 2014 seeking to have its Class 1 proceedings 14/10059 heard together with the Class 4 proceedings 13/40934 and 14/40065. 3.Costs of the respective Notices of Motion to be costs in the proceedings. 4.Orders in accordance with the Short Minutes of Order initialled by his Honour and placed with the papers. 5.Note the proceedings are next listed for directions before Craig J at 9.30 am on Wednesday 25 June 2014. Catchwords: PRACTICE AND PROCEDURE - motion to set aside a notice to produce - notice issued under r 34.1 of the Uniform Civil Procedure Rules 2005 (NSW) - whether documents sought in notice were relevant to or had any bearing upon the issues in the proceedings - whether premature to require production of documents - motion granted in part Legislation Cited: Air Navigation Act 1938 (NSW) Civil Procedure Act 2005 (NSW) Commonwealth Constitution Crown Lands Act 1989 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) Judiciary Act 1903 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Norris v Kandiah [2007] NSWSC 1296 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Penrith Rugby League Club Pty Ltd v Brown [2004] NSWSC 1182 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710 Category: Procedural and other rulings Parties: 13/40934 Wyong Shire Council (Applicant) Australia Skydive Pty Limited (First respondent) Tuggerah Lake Reserve Trust (Second respondent)