Project 28 Pty Ltd v Minister for Planning [2016] NSWLEC 1363

Project 28 Pty Ltd v Minister for Planning [2016] NSWLEC 1363

The Applicant failed to identify any issue in the proceedings to which the documents sought by the Notice to Produce were relevant and did not establish that it is 'on the cards' that those documents would materially assist in the resolution of any identified issue. The Notice to Produce was a fishing expedition lacking legitimate forensic purpose and should be set aside. Consequently, the Applicant’s related Notice of Motion was dismissed.

Jurisdiction
Australia
Judgment Date
29 August 2016
Procedural Posture
Class 1 Merit Appeal / Interlocutory; Determination of Contested Notices of Motion Regarding Notice to Produce Prior to Conciliation Conference
Outcome
Respondent's Notice of Motion granted; Applicant's Notice of Motion dismissed
Legal Topics
['notice to Produce' 'relevance' 'discovery and Production of Documents' 'forensic Purpose' 'merit Appeals']
['administrative Law' 'planning Law' 'civil Procedure'] ['notice to Produce' 'relevance' 'discovery and Production of Documents' 'forensic Purpose' 'merit Appeals']

Case Brief

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Procedural Posture

Class 1 Merit Appeal / Interlocutory; Determination of Contested Notices of Motion Regarding Notice to Produce Prior to Conciliation Conference

Legal Issues

  1. 1 ['Whether the Applicant’s Notice to Produce seeking draft assessment reports and internal correspondence should be set aside for lack of legitimate forensic purpose and relevance in a merit appeal' 'Whether an order should be made for production of documents under s 68 of the Civil Procedure Act 2005' "Whether the Notice to Produce was a 'fishing expedition'"]

Ratio Decidendi

The Applicant failed to identify any issue in the proceedings to which the documents sought by the Notice to Produce were relevant and did not establish that it is 'on the cards' that those documents would materially assist in the resolution of any identified issue. The Notice to Produce was a fishing expedition lacking legitimate forensic purpose and should be set aside. Consequently, the Applicant’s related Notice of Motion was dismissed.

Court Disposition

Respondent's Notice of Motion granted; Applicant's Notice of Motion dismissed

Orders

  • ['The Notice of Motion filed by the Respondent on 24 August 2016 is granted.' 'The Notice to Produce to Court filed by the Applicant on 16 August 2016 is set aside.' "The Applicant pay the Respondent's costs of the notice of motion filed 24 August 2016 and the Notice to Produce filed 16 August 2016, as agreed or...