Cummeragunja Local Aboriginal Land Council v Nicholson (No 2) [2017] NSWSC 1248

Supreme Court New South Wales

Medium Neutral Citation: Cummeragunja Local Aboriginal Land Council v Nicholson (No 2) [2017] NSWSC 1248 Hearing dates: 11 September 2017 Decision date: 19 September 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to r 59.9(4) of the UCPR the cross-defendant is to provide a statement of reasons for its decision on 28 January 2017 to reject the second cross-claimant's application for membership. (2) Leave is granted under r 59.7(4) of the UCPR to the cross-claimants to seek discovery from the cross-defendant of the documents in Annexure A to the cross-claimants' notice of motion filed 11 July 2017. (3) The cross-defendant is to pay the cross-claimants' costs of the motion. Catchwords: ADMINISTRATIVE LAW – judicial review of decision of Local Aboriginal Land Council – reasons sought – consideration of r 59.9 of the Uniform Civil Procedure Rules 2005 (NSW)

PRACTICE AND PROCEDURE – leave to seek discovery in judicial review proceedings – r 59.7 of the UCPR Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Administrative Decisions (Judicial Review) Act 1977 s 13 Uniform Civil Procedure Rules 2005 (NSW), rr 13.2, 14.4, 21.2, 39.1, 59.3, 59.6, 59.9, 59.7 Cases Cited: Cummeragunja Local Aboriginal Land Council v Nicholson [2017] NSWSC 394 Cunneen & Ors v Independent Commission Against Corruption [2014] NSWSC 1571 Minister for Resources and Energy v Gold and Copper Resources Pty Ltd [2015] NSWCA 113 Public Service Board v Osmond (1986) 159 CLR 656 SA v New South Wales Crime Commission [2015] NSWSC 1979 Category: Procedural and other rulings Parties: Cummeragunja Local Aboriginal Land Council (Plaintiff/Cross-Defendant) Shirley Nicholson (First Defendant/First Cross-Claimant) Thelma Nicholson (Second Defendant/Second Cross-Claimant) Vikki Nicholson (Third Defendant/Third Cross-Claimant) Representation: Counsel: Mr C Gregory (Plaintiff/Cross-Defendant) Mr S A Lawrance with Mr A R Jordan (Defendants/Cross-Claimants)