Verde Terra Pty Ltd v Central Coast Council (No 4) [2020] NSWLEC 45

Land and Environment Court New South Wales

Medium Neutral Citation: Verde Terra Pty Ltd v Central Coast Council (No 4) [2020] NSWLEC 45 Hearing dates: 24 April 2020 and 30 April 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [72]. Catchwords: PROCEDURE: application to set aside three subpoenas issued by a council on the grounds of oppression and a lack of forensic purpose – parties resolved issues in dispute concerning two of the three subpoenas prior to the hearing – application at the hearing by the council to amend the schedule of the subpoena – application allowed – whether amended subpoena lacked forensic purpose - whether amended subpoena oppressive – application dismissed – whether inspection should be subject to a confidentiality order – no exceptional circumstances or particular reasons warranting the making of such an order.

COSTS: application to set aside subpoena – subpoena amended at hearing to narrow its scope – amendment foreshadowed earlier prior to hearing – dispute concerning confidentiality of documents to be produced necessitated extra day of hearing – costs are costs in the cause.

COSTS: application to set aside notice to produce settled prior to hearing – claim for legal professional privilege made in respect of documents produced – redacted documents provided to settle dispute – costs are costs in the cause. Legislation Cited: Uniform Civil Procedure Rules 2005, rr 31.19, 33.4 Cases Cited: A v Z [2007] NSWSC 899; (2007) 212 FLR 255 Azar Building and Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110 Black Hill Residents Group Incorporated v Marist Youth Care Limited [2019] NSWLEC 112 Elanor Investors Limited v Sydney Zoo Pty Limited (No 2) [2019] NSWLEC 121 Elanor Investors Limited v Sydney Zoo Pty Limited (No 4) [2019] NSWLEC 191 Hearn v Street [2008] HCA 36; (2008) 235 CLR 125 Lane v Registrar, Supreme Court of New South Wales [1981] HCA 35; (1981) 148 CLR 245 Liristis v Gadelrabb [2009] NSWSC 441 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Rinehart v Rinehart [2018] NSWSC 1102 Santos Limited v Pipelines Authority of South Australia (1996) 66 SASR 38 Verde Terra Pty Ltd v Central Coast Council [2019] NSWLEC 166 Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 2) [2020] NSWLEC 10 Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 3) [2020] NSWLEC 40 Category: Procedural and other rulings Parties: Verde Terra Pty Ltd (Applicant/First Cross Respondent) Central Coast Council (Respondent/Cross Claimant) Environment Protection Authority (Second Respondent) Mangrove Mountain Landfill Pty Ltd (Second Cross Respondent) Mangrove Properties (NSW) Pty Ltd (Third Cross Respondent) Representation: Counsel: