Parkesbourne Mummel Landscape Guardians Inc v Minister for Planning [2009] NSWLEC 101

Parkesbourne Mummel Landscape Guardians Inc v Minister for Planning [2009] NSWLEC 101

The notice to admit facts was set aside because the existence or non-existence of assessment agreements or hosting agreements with landowners was irrelevant to the issues raised by the amended summons and points of claim, which concerned the approval process and classification of the proposed wind farm as a critical infrastructure project, not the later ability to implement any approval. Requiring the third and fourth respondents to disclose private agreements with landowners would be inappropriate and oppressive, and the notice therefore pursued an illegitimate purpose and amounted to an abuse of process.

Jurisdiction
Australia
Judgment Date
26 June 2009
Procedural Posture
Practice and Procedure Motion in Proceedings Challenging Critical Infrastructure Project Declaration and Environmental Assessment / Notice of Motion by the Third and Fourth Respondents to Set Aside the Applicant's Notice to Admit Facts
Outcome
The third and fourth respondents' motion succeeded; the applicant's notice to admit facts was set aside with costs.
Legal Topics
['notice to Admit Facts' 'abuse of Process' 'oppressive Procedural Steps' 'relevance of Admissions' 'critical Infrastructure Project']
['civil Procedure' 'environmental Planning and Assessment'] ['notice to Admit Facts' 'abuse of Process' 'oppressive Procedural Steps' 'relevance of Admissions' 'critical Infrastructure Project']

Case Brief

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Procedural Posture

Practice and Procedure Motion in Proceedings Challenging Critical Infrastructure Project Declaration and Environmental Assessment / Notice of Motion by the Third and Fourth Respondents to Set Aside the Applicant's Notice to Admit Facts

Legal Issues

  1. 1 ["Whether the applicant's notice to admit facts should be set aside." 'Whether the facts sought to be admitted were relevant to any issue in the proceedings.' 'Whether requiring disclosure of private agreements with landowners was oppressive.' 'Whether the notice to admit facts amounted to an abuse of process.']

Ratio Decidendi

The notice to admit facts was set aside because the existence or non-existence of assessment agreements or hosting agreements with landowners was irrelevant to the issues raised by the amended summons and points of claim, which concerned the approval process and classification of the proposed wind farm as a critical infrastructure project, not the later ability to implement any approval. Requiring the third and fourth respondents to disclose private agreements with landowners would be inappropriate and oppressive, and the notice therefore pursued an illegitimate purpose and amounted to an abuse of process.

Court Disposition

The third and fourth respondents' motion succeeded; the applicant's notice to admit facts was set aside with costs.

Orders

  • ["The applicant's notice to admit facts dated 21 May 2009 is set aside." "The applicant must pay the costs of the third and fourth respondents' notice of motion dated 4 June 2009." 'The exhibit may be returned.']