Shoal Bay Developments Pty Ltd & Anor v Port Stephens Council [2015] NSWLEC 1557

Shoal Bay Developments Pty Ltd & Anor v Port Stephens Council [2015] NSWLEC 1557

Access to documents over which privilege is claimed will not be granted unless the applicant establishes apparent relevance and raises specific objections to privilege claims; an application seeking inspection of all documents without satisfying these prerequisites is not acceptable and contrary to procedural efficiency.

Parties
First Applicant: Shoal Bay Developments Pty Ltd; Second Applicant: Snoogal Pty Ltd; Respondent: Port Stephens Council
Jurisdiction
Australia
Judgment Date
01 April 2015
Procedural Posture
Notice to Produce – Privilege Application / Direction Hearing on Application for Access to Documents Over Which Privilege Is Claimed
Outcome
Directions made
Legal Topics
Notice to Produce, Legal Professional Privilege, Relevance of Documents, Access to Documents
Civil Procedure Notice to Produce Legal Professional Privilege Relevance of Documents Access to Documents

Case Brief

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Parties

Shoal Bay Developments Pty Ltd

First Applicant

Snoogal Pty Ltd

Second Applicant

Port Stephens Council

Respondent

Procedural Posture

Notice to Produce – Privilege Application / Direction Hearing on Application for Access to Documents Over Which Privilege Is Claimed

Legal Issues

  1. 1 Whether access should be granted to documents over which the respondent claims legal professional privilege
  2. 2 Whether the applicant has established the relevance of the documents
  3. 3 Whether the applicant has adequately challenged the claim for privilege

Ratio Decidendi

Access to documents over which privilege is claimed will not be granted unless the applicant establishes apparent relevance and raises specific objections to privilege claims; an application seeking inspection of all documents without satisfying these prerequisites is not acceptable and contrary to procedural efficiency.

Court Disposition

Directions made

Orders

  • Applicant to consider whether to pursue formal application for access to material; if not, application for access will be dismissed.