Black Hill Residents Group Incorporated v Marist Youth Care Limited [2019] NSWLEC 112

Land and Environment Court New South Wales

Medium Neutral Citation: Black Hill Residents Group Incorporated v Marist Youth Care Limited [2019] NSWLEC 112 Hearing dates: 02 August 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [24] Catchwords: NOTICE TO PRODUCE – Notice of Motion to set aside Further Amended Notice to Produce – whether there was a legitimate forensic purpose – whether it was on the cards that the documents sought would materially assist the applicant's case – balancing of privacy and confidentiality concerns, the relevance of the material sought and the timing of issuance of the Notice to Produce with the burden imposed Legislation Cited: Newcastle Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 cl 43 Uniform Civil Procedure Rules 2005 (NSW) r 34.1 Cases Cited: Attorney General for New South Wales v Dylan Chidgey [2008] NSWCCA 65; (2008) 182 A Crim R 536 Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404 Bengalla Mining Company Pty Ltd v MACH Energy Australia Pty Ltd [2017] NSWLEC 121 Regina v James Saleam [1999] NSWCCA 86 Rinehart v Rinehart [2018] NSWSC 1102 Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 Category: Procedural and other rulings Parties: Black Hill Residents Group Incorporated - INC1900196 (Applicant) Marist Youth Care Limited (Trading as MARIST180) (First Respondent) Minister for Families, Communities and Disability Services (Second Respondent) Representation: Counsel: P W Larkin SC with G Tsang (Applicant) P Tomasetti SC with J Walker (First Respondent)