Expandamesh Pty Ltd v Sydney Metro [2022] NSWLEC 43

Expandamesh Pty Ltd v Sydney Metro [2022] NSWLEC 43

The 18 August 2016 email from Ms Bartlett, and the inference she drew from the 17 August 2016 meeting, provided a reasonable basis for an expectation that the Company's site was to be included within the Waterloo Precinct and therefore made the issue pleaded in paragraph 11(c)(i) of the Amended Points of Claim an identified issue. Documents concerning the site's exclusion were therefore apparently relevant beyond mere speculation and the subpoenas and Notice to Produce had a legitimate forensic purpose. However, open-ended production was inappropriate, and the proper temporal scope was 1 July 2016 to 31 December 2017. Paragraph 2(c) of the Department subpoena and paragraph 2(a) of the...

Jurisdiction
Australia
Judgment Date
27 April 2022
Procedural Posture
Class 3 Compensation Proceedings Under the Land Acquisition (just Terms Compensation) Act 1991 / Interlocutory Hearing of Notices of Motion Seeking to Set Aside a Notice to Produce and Subpoenas
Outcome
The subpoenas and Notice to Produce were not set aside generally. They were modified by deletion of specified paragraphs and by imposing a temporal limitation from 1 July 2016 to 31 December 2017. The Notices of Motion were otherwise dismissed and no order for costs was made.
Legal Topics
['subpoenas' 'notice to Produce' 'legitimate Forensic Purpose' 'apparent Relevance' 'oppression' 'temporal Limitation' 'public Interest Immunity' 'land Acquisition Compensation']
['compulsory Acquisition' 'civil Procedure' 'evidence' 'costs'] ['subpoenas' 'notice to Produce' 'legitimate Forensic Purpose' 'apparent Relevance' 'oppression' 'temporal Limitation' 'public Interest Immunity' 'land Acquisition Compensation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 3 Compensation Proceedings Under the Land Acquisition (just Terms Compensation) Act 1991 / Interlocutory Hearing of Notices of Motion Seeking to Set Aside a Notice to Produce and Subpoenas

Legal Issues

  1. 1 ['Whether the subpoenas to the Department of Planning, Industry and Environment and Infrastructure NSW and the Notice to Produce to Sydney Metro had a legitimate forensic purpose and sought documents apparently relevant beyond mere speculation.' 'Whether the subpoena to Infrastructure NSW was oppressive.' 'Whether the subpoenas and Notice to Produce should be limited by time or narrowed by deleting irrelevant categories of documents.' 'Whether any public interest immunity issue should affect production.' 'What costs orders should be made on the Notices of Motion.']

Ratio Decidendi

The 18 August 2016 email from Ms Bartlett, and the inference she drew from the 17 August 2016 meeting, provided a reasonable basis for an expectation that the Company's site was to be included within the Waterloo Precinct and therefore made the issue pleaded in paragraph 11(c)(i) of the Amended Points of Claim an identified issue. Documents concerning the site's exclusion were therefore apparently relevant beyond mere speculation and the subpoenas and Notice to Produce had a legitimate forensic purpose. However, open-ended production was inappropriate, and the proper temporal scope was 1 July 2016 to 31 December 2017. Paragraph 2(c) of the Department subpoena and paragraph 2(a) of the...

Court Disposition

The subpoenas and Notice to Produce were not set aside generally. They were modified by deletion of specified paragraphs and by imposing a temporal limitation from 1 July 2016 to 31 December 2017. The Notices of Motion were otherwise dismissed and no order for costs was made.

Orders

  • ['For the subpoena to Infrastructure NSW: the subpoena is limited to production of documents in the period between 1 July 2016 and 31 December 2017.' 'For the subpoena to Infrastructure NSW: the revised subpoena is returnable before the Registrar on 24 May 2022.' 'For the subpoena to Infrastructure NSW: the Notice...