Verde Terra Pty Ltd v Central Coast Council (No 6) [2020] NSWLEC 64

Verde Terra Pty Ltd v Central Coast Council (No 6) [2020] NSWLEC 64

Order 1 was framed erroneously due to accidental mistake by parties and cannot be complied with as ordered. The court amends the production order under r 36.17 UCPR so production reflects actual capabilities and the true intention, facilitating proper compliance and resolving subpoena scope and method of production, consistent with the overriding purpose.

Parties
Applicant/first Cross Respondent: Verde Terra Pty Ltd; Respondent/cross Claimant: Central Coast Council; Second Respondent: Environment Protection Authority; Second Cross Respondent: Mangrove Mountain Landfill Pty Ltd; Third Cross Respondent: Mangrove Properties (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
02 June 2020
Procedural Posture
Interlocutory Application (class 4) / Slip Rule Amendment – Procedural Ruling
Outcome
Order for production amended under slip rule by consent; costs of motion to be respondent’s costs in the cause.
Legal Topics
Slip Rule Corrections, Subpoena Compliance, Production of Documents, Costs in Interlocutory Proceedings
Civil Procedure Slip Rule Corrections Subpoena Compliance Production of Documents Costs in Interlocutory Proceedings

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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

Procedural Posture

Interlocutory Application (class 4) / Slip Rule Amendment – Procedural Ruling

Legal Issues

  1. 1 Whether order for production should be amended under slip rule due to accidental error by parties
  2. 2 Whether court order can be complied with given software limitations
  3. 3 Appropriate method of compliance with subpoena for cloud-based accounting records

Ratio Decidendi

Order 1 was framed erroneously due to accidental mistake by parties and cannot be complied with as ordered. The court amends the production order under r 36.17 UCPR so production reflects actual capabilities and the true intention, facilitating proper compliance and resolving subpoena scope and method of production, consistent with the overriding purpose.

Court Disposition

Order for production amended under slip rule by consent; costs of motion to be respondent’s costs in the cause.

Orders

  • Order 1 made on 1 May 2020 is amended: in answer to the MML subpoena (as amended), MML to produce (a) MYOB data files for 2015–2018 on USB; (b) by 5 June 2020, QuickBooks data files for 2018 and 2019 by providing read-only access to QuickBooks subscription; otherwise notice of motion to set aside subpoena dismissed.
  • Orders 6 and 7 made on 1 May 2020 are vacated.