Black Hill Residents Group Incorporated v Marist Youth Care Limited [2019] NSWLEC 112

Black Hill Residents Group Incorporated v Marist Youth Care Limited [2019] NSWLEC 112

The Notice to Produce, except for the category related to identification of staff (Category 3), was relevant to the issues in dispute and likely to materially assist the applicant’s case regarding proper characterisation of the use of the premises. Privacy and confidentiality concerns could be managed through confidentiality undertakings. The burden and timing of production did not warrant setting aside the notice, but the scope of the notice was appropriately narrowed for fairness and practicality.

Parties
Applicant: Black Hill Residents Group Incorporated - INC1900196; First Respondent: Marist Youth Care Limited (Trading as MARIST180); Second Respondent: Minister for Families, Communities and Disability Services
Jurisdiction
Australia
Judgment Date
06 August 2019
Procedural Posture
Class 4 / Interlocutory Motion (notice to Produce – Setting Aside or Amendment)
Outcome
Notice to Produce partly set aside and amended; confidentiality conditions imposed; costs reserved.
Legal Topics
Notice to Produce, Discovery and Production of Documents, Confidentiality and Privacy, Forensic Purpose Requirement, Land Use Categorisation
Civil Procedure Notice to Produce Discovery and Production of Documents Confidentiality and Privacy Forensic Purpose Requirement Land Use Categorisation

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Parties

Black Hill Residents Group Incorporated - INC1900196

Applicant

Marist Youth Care Limited (Trading as MARIST180)

First Respondent

Minister for Families, Communities and Disability Services

Second Respondent

Procedural Posture

Class 4 / Interlocutory Motion (notice to Produce – Setting Aside or Amendment)

Legal Issues

  1. 1 Whether the Further Amended Notice to Produce should be set aside or amended
  2. 2 Whether there is a legitimate forensic purpose for the documents sought
  3. 3 Whether the documents sought are relevant and likely to materially assist the applicant's case

Ratio Decidendi

The Notice to Produce, except for the category related to identification of staff (Category 3), was relevant to the issues in dispute and likely to materially assist the applicant’s case regarding proper characterisation of the use of the premises. Privacy and confidentiality concerns could be managed through confidentiality undertakings. The burden and timing of production did not warrant setting aside the notice, but the scope of the notice was appropriately narrowed for fairness and practicality.

Court Disposition

Notice to Produce partly set aside and amended; confidentiality conditions imposed; costs reserved.

Orders

  • The Notice to Produce dated 26 July 2019 is amended:
  • Category (2) to read 'Records identifying the qualifications of any Staff Member who entered the Premises during the Period.'