Gunlake Quarries Pty Ltd v The Minister for Planning [2017] NSWLEC 114

Land and Environment Court New South Wales

Medium Neutral Citation: Gunlake Quarries Pty Ltd v The Minister for Planning [2017] NSWLEC 114 Hearing dates: 7 June 2017 Date of orders: 07 June 2017 Decision date: 07 June 2017 Jurisdiction: Class 1 Before: Moore J Decision: See direction at [7] Catchwords: SUBPOENA - Notice of Motion to set aside portion of subpoena by amending the schedule to the subpoena - subpoena addressed to the Planning Assessment Commission - documents sought included draft documents and internal correspondence between members of the Planning Assessment Commission and between staff of the Planning Assessment Commission - Planning Assessment Commission the determining authority for the proposed development - role of the Planning Assessment Commission analogous to that of a tribunal - contrary to proper public policy to require production of internal documents of the Planning Assessment Commission or its supporting staff - externally provided documents circulated appropriate to be produced without any covering correspondence - parties directed to prepare revised terms of subpoena to reflect outcome Category: Procedural and other rulings Parties: Gunlake Quarries Pty Ltd (Applicant) The Minister for Planning (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant and Respondent on the motion) Ms H Irish, barrister (Respondent and Applicant on the motion)

Solicitors: Corrs Chambers Westgarth (Applicant and Respondent on the motion) Lindsay Taylor Lawyers (Respondent and Applicant on the motion) File Number(s): 108663 of 2017 Publication restriction: No