Project 28 Pty Ltd v Minister for Planning [2016] NSWLEC 1363

Land and Environment Court New South Wales

Medium Neutral Citation: Project 28 Pty Ltd v Minister for Planning [2016] NSWLEC 1363 Hearing dates: 26 August 2016 Date of orders: 29 August 2016 Decision date: 29 August 2016 Jurisdiction: Class 1 Before: Registrar Gray Decision: (1) The Notice of Motion filed by the Respondent on 24 August 2016 is granted; (2) The Notice to Produce to Court filed by the Applicant on 16 August 2016 is set aside; (3) The Applicant pay the Respondent's costs of the notice of motion filed 24 August 2016 and the Notice to Produce filed 16 August 2016, as agreed or assessed; (4) The Notice of Motion filed by the Applicant on 19 August 2016 is dismissed; (5) Each party pay their own costs of the Notice of Motion filed by the Applicant on 19 August 2016. Catchwords: NOTICE TO PRODUCE; Application to set aside; Application for order under s 68 of Civil Procedure Act 2005; Legitimate forensic purpose; Draft assessment reports and internal correspondence; Relevance in merit appeal Legislation Cited: Administrative Arrangements (Administrative Changes – Ministers and Public Service Agencies) Order 2014 Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Attorney General for New South Wales v Dylan Chidgey [2008] NSWCCA 65 Azar Building and Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110 Barrick Australia Ltd v Williams [2009] NSWCA 275 Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited [2013] NSWLEC 48 Carroll v Attorney-General for New South Wales (1993) 70 A Crim R 162 Pyoja Pty Ltd v 284 Bronte Road Developments Pty Ltd & Ors [2006] NSWSC 831 Regina v Saleam [1999] NSWCCA 86 Terrace Tower Holdings Pty Limited v Sutherland Shire Council [2003] NSWCA 289 Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 Young v King (No 3) [2012] NSWLEC 42 Category: Procedural and other rulings Parties: Project 28 Pty Ltd (Applicant) Minister for Planning (Respondent) Representation: Counsel: Mr A Gadiel (Solicitor) (Applicant) Ms J McKelvey (Barrister) (Respondent)