The New South Wales Greyhound Breeders Owners & Trainers Association Limited v Attorney General of NSW (No. 2) [2016] NSWSC 1818

Supreme Court New South Wales

Medium Neutral Citation: The New South Wales Greyhound Breeders Owners & Trainers Association Limited v Attorney General of NSW (No. 2) [2016] NSWSC 1818 Hearing dates: 14 December 2016 Decision date: 15 December 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the further amended notice of motion filed on 14 December 2016.

(2) Order the plaintiff to pay the defendant's costs of the motion. Catchwords: PRACTICE AND PROCEDURE – discovery sought by plaintiff by reference to categories – two categories abandoned on day of hearing – two categories pressed at hearing: category (a) transcript of particular private hearings – not relevant to a fact in issue – category (b) documents referred to in Chapter 11 of Report of the Special Commission of Inquiry into the Greyhound Racing Industry in NSW – documents can be obtained more efficiently and cheaply by notice to produce – discovery unnecessary – motion dismissed

COSTS – initial orders sought by plaintiff considered to determine appropriate costs order – plaintiff wholly unsuccessful – plaintiff to pay defendant's costs of motion Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 60 Special Commissions of Inquiry Act 1983 (NSW), ss 4, 7, 8, 9, 17, 36 Uniform Civil Procedure Rules 2005 (NSW), r 21 Cases Cited: Austral Fisheries Pty Ltd v Minister for Primary Industries and Energy (1992) 37 FCR 463 Kirk v Industrial Court (2010) 239 CLR 531; [2010] HCA 1 Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264 Texts Cited: Nil Category: Procedural and other rulings Parties: The New South Wales Greyhound Breeders Owners & Trainers Association Limited (Plaintiff) Attorney General of NSW (First Defendant) The Honourable Michael Hudson McHugh AC QC in his capacity as Commissioner appointed under the Special Commissions of Inquiry Act 1983 (Second Defendant) Representation: Counsel: D Bennett QC/AK Flecknoe- Brown (Plaintiff) S Free (First Defendant) Solicitors: DCE Lawyers (Plaintiff) Crown Solicitor (First Defendant) Submitting appearance filed by Second Defendant File Number(s): 2016/229063 Publication restriction: Nil