Parker v Auburn Council [2000] NSWLEC 127

Parker v Auburn Council [2000] NSWLEC 127

The respondent Council did not make sufficient or proper inquiries to answer the interrogatories as required by the rules and established principles; merely asking Councillors if they remembered the meeting was inadequate, and did not address available records, documents, or other sources of information. The Council is to provide proper verified answers after making all proper inquiries.

Jurisdiction
Australia
Judgment Date
22 June 2000
Procedural Posture
Interlocutory Application in Judicial Review/class 4 Proceedings / Application Concerning Adequacy of Answers to Interrogatories
Outcome
Application granted
Legal Topics
['interrogatories' 'discovery and Evidence Gathering' 'administrative Law – Councils’ Decision Making' 'environmental Planning and Assessment']
['civil Procedure' 'planning Law'] ['interrogatories' 'discovery and Evidence Gathering' 'administrative Law – Councils’ Decision Making' 'environmental Planning and Assessment']

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Procedural Posture

Interlocutory Application in Judicial Review/class 4 Proceedings / Application Concerning Adequacy of Answers to Interrogatories

Legal Issues

  1. 1 ['Whether the respondent Council has provided proper and sufficient answers to interrogatories as required by the rules pertaining to interrogatories in class 4 proceedings in the Land and Environment Court' "Whether the Council's inquiries to answer interrogatories met the legal threshold for proper inquiries by a corporation or public body"]

Ratio Decidendi

The respondent Council did not make sufficient or proper inquiries to answer the interrogatories as required by the rules and established principles; merely asking Councillors if they remembered the meeting was inadequate, and did not address available records, documents, or other sources of information. The Council is to provide proper verified answers after making all proper inquiries.

Court Disposition

Application granted

Orders

  • ["The respondent is directed to give proper answers, verified on oath, to the applicant's interrogatories, as amended on 15 June 1999." 'Such verified answers are to be filed and served within 28 days of the date hereof, namely by 5pm Thursday 20 July 2000.' "The parties are each ordered to pay their own costs in...