Boronia Park Preservation Group Inc v MSMG Developments Pty Ltd and Ors (No 2) [2015] NSWLEC 155

Land and Environment Court New South Wales

Medium Neutral Citation: Boronia Park Preservation Group Inc v MSMG Developments Pty Ltd and Ors (No 2) [2015] NSWLEC 155 Hearing dates: 25 September 2015 Date of orders: 02 October 2015 Decision date: 02 October 2015 Jurisdiction: Class 4 Before: Moore AJ Decision: See orders at [56] Catchwords: SUBPOENA – application for extra-curial use of documents – special circumstances – restrictions on use – purpose consistent with purpose of proceedings – limited use permitted Legislation Cited: Environmental Planning and Assessment Act 1979 ss 95, 96 Environmental Planning and Assessment Amendment (Development Consents) Act 2010 Cases Cited: Minister for Education v Bailey [2000] WASCA 377; 23 WAR 149 Springfield Nominees Pty Limited and Ors v Bridgelands Securities Limited and Ors [1992] FCA 472; 38 FCR 217 Strathfield Council v Australian Catholic University Limited [2013] NSWLEC 22 Category: Procedural and other rulings Parties: Boronia Park Preservation Group Inc (Applicant on the motion and in the proceedings) Representation: Counsel: Ms J Walker, barrister (Applicant on the motion and in the proceedings)

Solicitors: Woolf Associates (Applicant on the motion and in the proceedings) File Number(s): 40462 of 2015 Publication restriction: No

Contents Judgment Introduction The subpoenas Lodgment of a fresh Development Application The Notice of Motion Mr Kingdom's objection The basis for the Applicant's motion The history of the development consent The Applicant's challenge to the development consent The subpoeaned documents and the fresh Development Application The extent to which the documents should be discussed in this decision Special circumstances? Disclosure to the Council's lawyers Conclusion Orders