Hyside Projects Subthree Pty Ltd v City of Canada Bay Council [2021] NSWLEC 94

Hyside Projects Subthree Pty Ltd v City of Canada Bay Council [2021] NSWLEC 94

Paragraph 1 of the applicant's Notice to Produce was upheld because the proof of a negative concerning negotiations constituted a sufficient forensic purpose; paragraph 2 was set aside due to lack of apparent relevance and forensic purpose, as the process for adoption of the DCP was not material to the dispute.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 August 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Notice of Motion to Set Aside Notice to Produce
Outcome
Notice of Motion partly upheld and partly refused
Legal Topics
['notice to Produce' 'development Application' 'development Control Plan' 'forensic Purpose' 'site Amalgamation' 'evidence']
['planning and Environment'] ['notice to Produce' 'development Application' 'development Control Plan' 'forensic Purpose' 'site Amalgamation' 'evidence']

Source-derived case record

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Notice of Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether the Notice to Produce served by the applicant should be set aside in whole or in part for lacking legitimate forensic purpose' 'Whether documents concerning negotiations for site amalgamation are relevant and should be produced' 'Whether documents concerning the process leading to adoption of the Development Control Plan are relevant and should be produced']

Ratio Decidendi

Paragraph 1 of the applicant's Notice to Produce was upheld because the proof of a negative concerning negotiations constituted a sufficient forensic purpose; paragraph 2 was set aside due to lack of apparent relevance and forensic purpose, as the process for adoption of the DCP was not material to the dispute.

Court Disposition

Notice of Motion partly upheld and partly refused

Orders

  • ['Proposed order to narrow scope of documents to be produced is refused' 'Proposed order to set aside paragraph 2 of the Notice to Produce is upheld; paragraph 2 is set aside']