Martin v State of New South Wales (No 2) [2010] NSWLEC 271

Martin v State of New South Wales (No 2) [2010] NSWLEC 271

The second respondent is ordered to comply with discovery by 5 pm today and provide an affidavit of discovery. The costs of the day are reserved, as the applicant is self-represented and costs would be limited; the circumstances did not warrant a summary or dispositive order.

Jurisdiction
Australia
Judgment Date
29 December 2010
Procedural Posture
Discovery Application / Interlocutory
Outcome
Interlocutory orders made regarding discovery. Costs of the day reserved.
Legal Topics
['discovery']
['practice and Procedure'] ['discovery']

Case Brief

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Procedural Posture

Discovery Application / Interlocutory

Legal Issues

  1. 1 ['Whether the second respondent complied with the court’s order for discovery.' 'Whether the applicant is entitled to orders for declaration, direction or costs at this interlocutory stage.']

Ratio Decidendi

The second respondent is ordered to comply with discovery by 5 pm today and provide an affidavit of discovery. The costs of the day are reserved, as the applicant is self-represented and costs would be limited; the circumstances did not warrant a summary or dispositive order.

Court Disposition

Interlocutory orders made regarding discovery. Costs of the day reserved.

Orders

  • ['The second respondent is to give discovery of all documents in its possession or power in relation to EL 6499 and EL 7547, but only insofar as those documents relate to the land that is the subject of EL 7547, by 5 pm on 29 December 2010.' 'The costs of today are reserved.']