Gertos Holdings Pty Limited v Roads and Maritime Services; G Capital Corporation Pty Limited v Roads and Maritime Services; Marsden Developments v Roads and Maritime Services [2018] NSWLEC 172

Land and Environment Court New South Wales

Medium Neutral Citation: Gertos Holdings Pty Limited v Roads and Maritime Services; G Capital Corporation Pty Limited v Roads and Maritime Services; Marsden Developments v Roads and Maritime Services [2018] NSWLEC 172 Hearing dates: 21 September 2018, written submissions on 21 September 2018 and 2 October 2018 Date of orders: 31 October 2018 Decision date: 31 October 2018 Jurisdiction: Class 3 Before: Moore J Decision: See the various rulings concerning the elements of the: (1) Marsden Developments Pty Ltd Notice to Produce; (2) Mario Pamboris subpoena; (3) Con Savell subpoena; and (4) Regency Capital Pty Ltd subpoena Catchwords: CIVIL PROCEDURE - Notices to Produce and Subpoenas - applications to set aside - use of a specified notice to produce as containing "reference provisions" - determinations with respect to individual provisions COSTS - costs of interlocutory applications to set aside - parties roughly equally successful - appropriate that there be no order for costs Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 55(d) and 59(1)(f) Cases Cited: Commissioner for Railways v Small (1938) 38 SR 564 Gertos Holdings Pty Limited v Roads and Maritime Services; G Capital Corporation Pty Limited v Roads and Maritime Services; Marsden Developments v Roads and Maritime Services [2018] NSWLEC 166 Rinehart v Rinehart [2018] NSWSC 1102 Category: Procedural and other rulings Parties: Gertos Holdings Pty Limited - 2018/207345 (Applicant) G Capital Corporation Pty Limited - 2018/207357 (Applicant) Marsden Developments - 2018/207366 (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicants) Mr R Lancaster SC/Mr M Astill, barrister (Respondent)