Joan Street & 4 Ors v Luna Park Sydney Pty Ltd [2005] NSWSC 1303

Joan Street & 4 Ors v Luna Park Sydney Pty Ltd [2005] NSWSC 1303

Because the allocation of costs thrown away by the enactment of the Luna Park Site Amendment (Noise Control) Act 2005 (NSW) was an issue in the proceedings, the plaintiffs were entitled to seek relevant evidence on that costs issue by interrogatory and subpoena before final hearing. The applications concerning those matters should not be adjourned. The plaintiffs' interrogatories and subpoenas concerning when the defendants knew of proposed legislative intervention were sufficiently relevant to the foreshadowed costs argument. However, the first defendant's subpoena categories and notices to produce concerning the plaintiffs' media, political or public relations strategy were not shown to...

Jurisdiction
Australia
Judgment Date
14 December 2005
Procedural Posture
Civil Proceedings in the Equity Division Concerning Injunctive Relief, Damages, and Interlocutory Procedure / Interlocutory Applications Concerning Amendment, Interrogatories, Subpoenas, Notices to Produce, Adjournment, and Costs
Outcome
The Court refused to adjourn the plaintiffs' applications concerning interrogatories and subpoenas, granted leave to administer interrogatories, dismissed the defendants' motion to set aside the plaintiffs' subpoenas with costs, partly set aside the first defendant's subpoena to the plaintiffs' solicitors and...
Legal Topics
['interrogatories' 'subpoenas' 'notices to Produce' 'discovery' 'costs Thrown Away' 'legal Professional Privilege' 'misleading and Deceptive Conduct' 'negligent Misrepresentation' 'noise Nuisance']
['civil Procedure' 'costs' 'nuisance' 'consumer Law' 'crown Lands'] ['interrogatories' 'subpoenas' 'notices to Produce' 'discovery' 'costs Thrown Away' 'legal Professional Privilege' 'misleading and Deceptive Conduct' 'negligent Misrepresentation' 'noise Nuisance']

Case Brief

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Procedural Posture

Civil Proceedings in the Equity Division Concerning Injunctive Relief, Damages, and Interlocutory Procedure / Interlocutory Applications Concerning Amendment, Interrogatories, Subpoenas, Notices to Produce, Adjournment, and Costs

Legal Issues

  1. 1 ["Whether the plaintiffs' applications for interrogatories and subpoenas relating only to costs should be adjourned until the final hearing." 'Whether documents and information relevant only to costs can relate to an issue in the substantive proceedings for the purposes of interrogatories, discovery and subpoenas.' "Whether the plaintiffs should have leave to administer interrogatories about the defendants' knowledge of proposed legislative intervention." "Whether subpoenas issued by the plaintiffs seeking evidence about the defendants' knowledge of proposed legislative intervention should be set aside." "Whether categories of documents sought by the first defendant from the plaintiffs' solicitors and plaintiffs should be set aside or not required to be produced."]

Ratio Decidendi

Because the allocation of costs thrown away by the enactment of the Luna Park Site Amendment (Noise Control) Act 2005 (NSW) was an issue in the proceedings, the plaintiffs were entitled to seek relevant evidence on that costs issue by interrogatory and subpoena before final hearing. The applications concerning those matters should not be adjourned. The plaintiffs' interrogatories and subpoenas concerning when the defendants knew of proposed legislative intervention were sufficiently relevant to the foreshadowed costs argument. However, the first defendant's subpoena categories and notices to produce concerning the plaintiffs' media, political or public relations strategy were not shown to...

Court Disposition

The Court refused to adjourn the plaintiffs' applications concerning interrogatories and subpoenas, granted leave to administer interrogatories, dismissed the defendants' motion to set aside the plaintiffs' subpoenas with costs, partly set aside the first defendant's subpoena to the plaintiffs' solicitors and...

Orders

  • ['Leave was granted to the plaintiffs to add additional plaintiffs, add a second defendant, and file a further Amended Statement of Claim.' 'The hearing of the application on the second and fourth issues was not adjourned.' "On the plaintiffs' Notice of Motion filed on 9 December 2005 for leave to administer...