Webber v Racing New South Wales [2017] NSWSC 687

Webber v Racing New South Wales [2017] NSWSC 687

The notices were treated as an application for discovery. The workers compensation material and documents authored, caused to be created, or signed by Mr V'Landys referring to Ms Webber were discoverable because they were relevant to what Mr V'Landys knew or considered when adopting the Licensing Committee's recommendation and were also relevant to the pleaded improper purpose claim. Material concerning other licence refusals or renewals was discoverable because it had a legitimate connection to the pleaded improper purpose and unequal treatment/unreasonableness grounds and the burden was likely to be limited, but confidentiality required redaction of trainer and associated company names...

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Judicial Review / Notice of Motion Concerning Notices to Produce Treated as an Application for Discovery
Outcome
The Court ordered production of the material sought in the plaintiff's notices to produce, subject to amendments, redactions, restricted access for some material, costs in the cause, and vacation of an existing affidavit timetable order.
Legal Topics
['judicial Review of Non Renewal and Alleged Revocation of Trainer Licence' 'discovery in Judicial Review Proceedings' 'notices to Produce' 'improper Purpose' 'procedural Fairness' 'unreasonableness' 'confidentiality and Redaction']
['administrative Law' 'civil Procedure' 'thoroughbred Racing Regulation'] ['judicial Review of Non Renewal and Alleged Revocation of Trainer Licence' 'discovery in Judicial Review Proceedings' 'notices to Produce' 'improper Purpose' 'procedural Fairness' 'unreasonableness' 'confidentiality and Redaction']

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Procedural Posture

Judicial Review / Notice of Motion Concerning Notices to Produce Treated as an Application for Discovery

Legal Issues

  1. 1 ["Whether parts of the notices to produce issued to Racing NSW and Mr V'Landys should be set aside on the basis that they amounted to discovery without leave in judicial review proceedings." "Whether documents received or authored by Mr V'Landys concerning Ms Webber, including workers compensation material, were discoverable." 'Whether material concerning other trainers whose licences were refused or renewed was discoverable, and if so subject to redaction and restricted access.']

Ratio Decidendi

The notices were treated as an application for discovery. The workers compensation material and documents authored, caused to be created, or signed by Mr V'Landys referring to Ms Webber were discoverable because they were relevant to what Mr V'Landys knew or considered when adopting the Licensing Committee's recommendation and were also relevant to the pleaded improper purpose claim. Material concerning other licence refusals or renewals was discoverable because it had a legitimate connection to the pleaded improper purpose and unequal treatment/unreasonableness grounds and the burden was likely to be limited, but confidentiality required redaction of trainer and associated company names...

Court Disposition

The Court ordered production of the material sought in the plaintiff's notices to produce, subject to amendments, redactions, restricted access for some material, costs in the cause, and vacation of an existing affidavit timetable order.

Orders

  • ['On or before 24 June 2017, the first defendant produce the material sought in the plaintiff\'s Notice to Produce issued to it dated 2 March 2017 save that paragraph 3 be amended to read: "All documents authored, caused to be created, or signed by Mr Peter V\'Landys AM that refer to Pam Webber in the period 1...