PPK Willoughby Pty Ltd v Roads and Maritime Services & Minister Administering the Environmental Planning and Assessment Act 1979 [2015] NSWSC 1489

Supreme Court New South Wales

Medium Neutral Citation: PPK Willoughby Pty Ltd v Roads and Maritime Services & Minister Administering the Environmental Planning and Assessment Act 1979 [2015] NSWSC 1489 Hearing dates: 1 October 2015 Date of orders: 13 October 2015 Decision date: 13 October 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The plaintiff's notice of motion is dismissed. 2. The plaintiff is to give verified discovery of the documents identified in this judgment as categories 1, 4, 6, 7, 8(b), 9, 11(b), 11(f) and 13 within 14 days. 3. The plaintiff is to pay the defendants' costs of both notices of motion, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Discovery – Relevance of categories of documents to the issues in the proceedings - No point of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Construction, Forestry, Mining and Energy Union v Rio Tinto Coal Australia Pty Limited [2014] FCA 462 Idoport Pty Limited v National Australia Bank Limited [1999] NSWSC 1026 Lakatoi Universal Pty Limited v Walker [1998] NSWSC 470 Palavi v Radio 2UE Sydney Pty Limited [2011] NSWCA 264 Village Building Company Limited v Canberra International Airport Pty Limited (2004) 139 FCR 330 Category: Principal judgment Parties: PPK Willoughby Pty Limited - Plaintiff Roads and Maritime Services - 107th Defendant Minister Administering the Environmental Planning and Assessment Act 1979 – 108th Defendant Representation: Counsel: D D Knoll - Plaintiff A Shearer – 107th and 108th Defendants