Jacfin Pty Ltd v TransGrid [2013] NSWLEC 180

Jacfin Pty Ltd v TransGrid [2013] NSWLEC 180

The documents sought in the notice to produce do not meet the threshold of relevance to a fact in issue, are only relevant to witness credibility, and the application for production is premature prior to service of evidence and joint expert reports. Accordingly, the motion must be dismissed.

Jurisdiction
Australia
Judgment Date
17 October 2013
Procedural Posture
Compensation Claim (class 3) / Procedural Ruling on Motion for Production of Documents
Outcome
Respondent's motion for production of documents dismissed.
Legal Topics
['compensation Assessment' 'order for Production of Documents' 'highest and Best Use' 'credibility of Witnesses' 'prematurity of Notice to Produce']
['compulsory Acquisition' 'property Law' 'planning Law'] ['compensation Assessment' 'order for Production of Documents' 'highest and Best Use' 'credibility of Witnesses' 'prematurity of Notice to Produce']

Case Brief

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Procedural Posture

Compensation Claim (class 3) / Procedural Ruling on Motion for Production of Documents

Legal Issues

  1. 1 ['Whether documents sought in notice to produce are relevant to a fact in issue in the compensation proceedings' 'Whether documents are relevant to the credibility of witnesses and admissible' "Whether documents are relevant to 'disregard' under s 56(1) of the Land Acquisition (Just Terms Compensation) Act 1991" 'Prematurity in seeking production before further evidence and expert conferencing']

Ratio Decidendi

The documents sought in the notice to produce do not meet the threshold of relevance to a fact in issue, are only relevant to witness credibility, and the application for production is premature prior to service of evidence and joint expert reports. Accordingly, the motion must be dismissed.

Court Disposition

Respondent's motion for production of documents dismissed.

Orders

  • ["The respondent's Notice of Motion filed on 2 October 2013 is dismissed." "The respondent must pay the applicant's costs of that Motion." 'The exhibits, all being documents filed in the proceedings, will be retained on file.']