Gloucester Resources Limited v Minister for Planning and Environment [2018] NSWLEC 1185

Land and Environment Court New South Wales

Medium Neutral Citation: Gloucester Resources Limited v Minister for Planning and Environment [2018] NSWLEC 1185 Hearing dates: 21 March 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Class 1 Before: Froh R Decision: The Court orders that: (1) Order 1 of the Notice of Motion filed by the Secretary, Department of Planning and Environment on 7 March 2018 is granted; and (2) The Subpoena to Produce addressed to the Secretary, Department of Planning and Environment filed by GRL on 21 February 2018 is set aside. Catchwords: SUBPOENA: Motion to set aside a subpoena; Application for order under rule 33.4 UCPR; lack of legitimate forensic purpose; motion granted Legislation Cited: Environmental Planning and Assessment Act 1979 Gloucester Local Environmental Plan Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2004 Cases Cited: Azar Building and Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110 Attorney-General (NSW) v Chidgey [2008] NSWCCA 65; (2008) 182 A Crim R 536 Project 28 Pty Ltd v Minister for Planning [2016] NSWLEC 1363 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 NSW Commissioner for Police v Tuxford [2002] NSWCA 139 Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited [2013] NSWLEC 48 Category: Principal judgment Parties: Secretary, Department of Planning and Environment (Applicant on the Motion) Gloucester Resources Limited (Applicant) Minister for Planning (Respondent) Representation: Counsel: T Phillips (Applicant on the Motion) C Ireland (Applicant) Solicitors: Department of Planning and Environment (Applicant on the Motion) McCullough Robertson (Applicant) File Number(s): 2017/383563 Publication restriction: No