North Sydney Council v O'Hara

[2003] NSWLEC 103

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Land and Environment Court

of New South Wales

CITATION:	North Sydney Council v O'Hara [2003] NSWLEC 103
PARTIES:	APPLICANT North Sydney Council RESPONDENT Louise O'Hara
FILE NUMBER(S):	40119 of 1999
CORAM:	Talbot J
KEY ISSUES:	Practice and Procedure :- production of documents - exhibits to be made available
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	22/04/2003
EX TEMPORE JUDGMENT DATE :	04/22/2003
LEGAL REPRESENTATIVES:	APPLICANT Mr D R Parry (Barrister) SOLICITORS Mallesons Stephen Jaques RESPONDENT In Person SOLICITORS N/A

JUDGMENT:

IN THE LAND AND

ENVIRONMENT COURT

OF NEW SOUTH WALES

40119 of 1999

Talbot J

22 April 2003

North Sydney Council

Applicant
v

Louise O’Hara

Respondent

Judgment

Introduction

1 HIS HONOUR: The documents are produced. In answer to the call I note that documents in relation to 35-37 Broughton Street, 17 Willoughby Street, 27 Willoughby Street, 23 Willoughby Street, 14 Winslow Street and 43-45 Broughton Street are produced in answer to a call and the documents to be made available for inspection by Ms O’Hara in the Registry with leave to photocopy as required.

2 O'HARA: Excuse me, there’s just one more that they could produce I think and maybe inadvertently haven’t. It’s 27a Willoughby Street.

3 HIS HONOUR: Yes I think they said they couldn’t find it.

4 PARRY: Your Honour we did look, I’m instructed there might be a file in archives, it wasn’t a file that was readily available Thursday afternoon. We can endeavour to have it brought.

5 HIS HONOUR: Well if any further documents are brought in in answer to the call then they will be made available.

6 PARRY: Yes your Honour.

7 HIS HONOUR: I direct that the exhibits in the proceedings be made available to Ms O’Hara in the Registry and for copying as required. I direct that Ms O’Hara file and serve the balance of documents on which she relies by 4:00pm on 30 April 2003. The applicant has liberty to apply in respect of those documents by 4:00pm on 2 May 2003. Thereafter, judgment will be reserved.

8 O'HARA: Excuse me your Honour I haven’t had yet the opportunity of reading these cases that have been given to me. If there are any points can I make some sort of written submission?

9 HIS HONOUR: If it’s a question of law you can yes. Mr Parry has made it clear he doesn’t rely on the whole of the judgment of course, he put it in his submission what he relies upon and the principles, I note, are not significantly in opposition to the matters that are addressed in both of your original written submissions really, they’re statements of well established law as I see them, but certainly feel free to do that by 30 April 2003 if you need to Ms O’Hara.

10 O'HARA: Thank you.

11 HIS HONOUR: I congratulate both parties on achieving at least a penultimate finality in relation to this matter this afternoon.