Dibb v Transport for New South Wales [2023] NSWLEC 59

Dibb v Transport for New South Wales [2023] NSWLEC 59

Paragraph 1 of the Notice to Produce was set aside because the town planning reports and valuation reports held by Transport for New South Wales in relation to other properties acquired by agreement lacked sufficient forensic purpose and relevance: they would not show why or on what basis sale bargains were struck, would not reveal Council strategic decisions, and would not assist the Applicants' valuer in the manner asserted.

Jurisdiction
Australia
Judgment Date
14 April 2023
Procedural Posture
Class 3 Procedural Ruling / Notice of Motion to Set Aside Paragraph 1 of the Applicants' Notice to Produce Dated 16 March 2023
Outcome
Notice of Motion granted; paragraph 1 of the Applicants' Notice to Produce set aside; costs of the Notice of Motion to be costs in the cause.
Legal Topics
['notice to Produce' 'forensic Purpose' 'relevance of Documents' 'acquisition of Land' 'town Planning Reports' 'valuation Reports']
['practice and Procedure' 'land and Environment'] ['notice to Produce' 'forensic Purpose' 'relevance of Documents' 'acquisition of Land' 'town Planning Reports' 'valuation Reports']

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Procedural Posture

Class 3 Procedural Ruling / Notice of Motion to Set Aside Paragraph 1 of the Applicants' Notice to Produce Dated 16 March 2023

Legal Issues

  1. 1 ["Whether paragraph 1 of the Applicants' Notice to Produce requiring production of town planning reports and valuation reports should be set aside for lack of relevance and forensic purpose." 'Whether town planning reports and valuation reports held by Transport for New South Wales in relation to other acquired properties would assist the Applicants in understanding Council strategic zoning decisions, agreement acquisitions, disturbance issues, or valuation comparability.']

Ratio Decidendi

Paragraph 1 of the Notice to Produce was set aside because the town planning reports and valuation reports held by Transport for New South Wales in relation to other properties acquired by agreement lacked sufficient forensic purpose and relevance: they would not show why or on what basis sale bargains were struck, would not reveal Council strategic decisions, and would not assist the Applicants' valuer in the manner asserted.

Court Disposition

Notice of Motion granted; paragraph 1 of the Applicants' Notice to Produce set aside; costs of the Notice of Motion to be costs in the cause.

Orders

  • ['The Notice of Motion is granted.' "Paragraph 1 of the Applicants' Notice to Produce dated 16 March 2023 is set aside." 'The costs of the Notice of Motion are costs in the cause.']