Metgasco Ltd v Minister for Resources & Energy [2014] NSWSC 908

Supreme Court New South Wales

Medium Neutral Citation: Metgasco Ltd v Minister for Resources & Energy [2014] NSWSC 908 Hearing dates: 4 July 2014 Decision date: 09 July 2014 Jurisdiction: Common Law Before: Davies J Decision: (1) The Plaintiff's Notice to Produce dated 12 June 2014 is set aside. (2) The Plaintiff is to pay the Defendant's costs. Catchwords: PROCEDURE - notice to produce - administrative law proceedings - notice served shortly after summons commencing proceedings - plaintiff seeks leave to amend summons - notice to produce premature - use of notice to obtain discovery - need for exceptional circumstances for discovery in administrative law matters - notice set aside Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Leda Manorstead Pty Ltd v Chief Commissioner of State Revenue; Leda Manorstead Pty Ltd v Chief Commissioner of State Revenue [2012] NSWSC 913 Leighton International v Hodges [2012] NSWSC 458 Category: Interlocutory applications Parties: Metgasco Ltd (Plaintiff) Minister for Resources & Energy (Defendant) Representation: Counsel: A Mitchelmore (Plaintiff) J Kirk SC and P Herzfeld (Defendant) Solicitors: Gilbert & Tobin (Plaintiff) Norton Rose Fulbright (Defendant) File Number(s): 2014/165970)

Judgment 1The Defendant moves by Notice of Motion filed 27 January 2014 to set aside certain paragraphs of a Notice to Produce served by the Plaintiff on or about 12 June 2014. 2The Plaintiff in its Summons seeks a judicial review of a decision by the Minister for Resources and Energy or his delegate on 14 May 2014 to suspend specified operations under Petroleum Exploration Licence No.16 (PEL 16) on the basis that the decision was not made according to law. A declaration to that effect is sought together with an order in the nature of certiorari.