HALL & 1 ORS v TRANSPORT INFRASTRUCTURE DEVELOPMENTCORPORATION [2006] NSWSC 1076

HALL & 1 ORS v TRANSPORT INFRASTRUCTURE DEVELOPMENTCORPORATION [2006] NSWSC 1076

The plaintiffs failed to discharge the onus of satisfying the Court that discovery should be ordered. The categories sought were potentially very broad, related to a substantial area and many properties, the evidence before the Registrar was short on probative material and contained no evidence of other cracking, and the argument that discovery was required to negative other causes was not persuasive. No basis was demonstrated for disturbing the Registrar's refusal to make a discovery order.

Jurisdiction
Australia
Judgment Date
18 October 2006
Procedural Posture
Review of Assistant Registrar's Decision Refusing Discovery in Compensation Proceedings / Notice of Motion Under Part 49 of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
The notice of motion is dismissed.
Legal Topics
['discovery' "review of Registrar's Decision" 'practice and Procedure' 'injurious Affectation' 'causation of Property Damage']
['civil Procedure' 'compulsory Acquisition' 'transport Infrastructure Compensation'] ['discovery' "review of Registrar's Decision" 'practice and Procedure' 'injurious Affectation' 'causation of Property Damage']

Case Brief

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Procedural Posture

Review of Assistant Registrar's Decision Refusing Discovery in Compensation Proceedings / Notice of Motion Under Part 49 of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether the Court should receive further evidence on the review that had not been before the Registrar.' 'Whether the plaintiffs had satisfied the Court that an order for discovery should be made.' "Whether there was a basis to disturb the Registrar's decision refusing discovery."]

Ratio Decidendi

The plaintiffs failed to discharge the onus of satisfying the Court that discovery should be ordered. The categories sought were potentially very broad, related to a substantial area and many properties, the evidence before the Registrar was short on probative material and contained no evidence of other cracking, and the argument that discovery was required to negative other causes was not persuasive. No basis was demonstrated for disturbing the Registrar's refusal to make a discovery order.

Court Disposition

The notice of motion is dismissed.

Orders

  • ['The notice of motion is dismissed.' 'The second and fourth plaintiffs are to pay the costs of the notice of motion.']