Wyong Shire Council v Australia Skydive Pty Ltd; Australia Skydive Pty Ltd v Wyong Shire Council; Australia Skydive Pty Ltd v Central Coast Aero Club Ltd [2014] NSWLEC 56

Wyong Shire Council v Australia Skydive Pty Ltd; Australia Skydive Pty Ltd v Wyong Shire Council; Australia Skydive Pty Ltd v Central Coast Aero Club Ltd [2014] NSWLEC 56

Skydive must produce documents identified in paragraphs 1, 2, and 3 of the notice to produce because the requests are sufficiently limited and relevant to issues in the proceedings. Requests in paragraphs 4, 5, 6, and 8 are either premature or irrelevant and need not be produced. The costs of the motions are to be costs in the proceedings, and other procedural orders are made as appropriate.

Parties
Applicant: Wyong Shire Council; First Respondent: Australia Skydive Pty Limited; Second Respondent: Tuggerah Lake Reserve Trust; First Respondent: Central Coast Aero Club Limited; Second Respondent: Wyong Shire Council
Jurisdiction
Australia
Judgment Date
12 May 2014
Procedural Posture
Class 4 / Interlocutory; Ruling on Notices of Motion and Notice to Produce Documents
Outcome
Order to produce documents in paragraphs 1,2,3 of notice to produce; dismissal of Skydive's motion to hear proceedings together; costs reserved as costs in proceedings; other procedural orders and listing for directions.
Legal Topics
Notice to Produce, Discovery, Development Consent, Environmental Planning, Interlocutory Motions
Civil Procedure Notice to Produce Discovery Development Consent Environmental Planning Interlocutory Motions

Case Brief

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Parties

Wyong Shire Council

Applicant

Australia Skydive Pty Limited

First Respondent

Tuggerah Lake Reserve Trust

Second Respondent

Central Coast Aero Club Limited

First Respondent

Wyong Shire Council

Second Respondent

Procedural Posture

Class 4 / Interlocutory; Ruling on Notices of Motion and Notice to Produce Documents

Legal Issues

  1. 1 Whether the documents sought in the notice to produce are relevant or bear upon issues in the proceedings.
  2. 2 Whether the notice to produce is premature or insufficiently specific.
  3. 3 Whether documents relating to complaints or communications with third parties are relevant.

Ratio Decidendi

Skydive must produce documents identified in paragraphs 1, 2, and 3 of the notice to produce because the requests are sufficiently limited and relevant to issues in the proceedings. Requests in paragraphs 4, 5, 6, and 8 are either premature or irrelevant and need not be produced. The costs of the motions are to be costs in the proceedings, and other procedural orders are made as appropriate.

Court Disposition

Order to produce documents in paragraphs 1,2,3 of notice to produce; dismissal of Skydive's motion to hear proceedings together; costs reserved as costs in proceedings; other procedural orders and listing for directions.

Orders

  • Australia Skydive Pty Ltd to produce documents identified in paragraphs 1, 2, and 3 of Council's Notice to Produce filed on 13 March 2014.
  • Dismiss Skydive's Notice of Motion seeking to have Class 1 proceedings 14/10059 heard together with Class 4 proceedings 13/40934 and 14/40065.