Pacific Paradise Resort Pty Ltd v Sunshine Coast Regional Council

[2009] QPEC 57

[2009] QPEC 57

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

No D26 of 2009

PACIFIC PARADISE RESORT PTY LIMITED	Applicant
and
SUNSHINE COAST REGIONAL COUNCIL	Respondent

MAROOCHYDORE

..DATE 11/06/2009

ORDER

CATCHWORDS

Reference by Registrar concerning basis on which applicant might have access to and take copies of subpoenaed documents produced to the Court by the respondent Council - orders made to limit dissemination of further copies and of information contained in the documents.

HIS HONOUR:  This is originating application D26 of 2009, Pacific Paradise Resort Pty Ltd v Sunshine Coast Regional Council.

There has been a good deal of contact between the Registrar and myself or my Associate through the day concerning the applicant's interest in having access to documents which have been produced to the Court by the respondent Council under subpoena.

The Council has expressed to the Registrar, it seems, concern that the applicant, if permitted to take copies of the subpoenaed material now under the Court's control may make use of it for purposes other than the conduct of this particular proceeding.  The Court has no way of knowing whether there's any basis for such concerns, but even if there is not, it's clear that access to such material is available only to permit this proceeding to be fairly conducted.  No extraneous purposes ought to be sought to be pursued by use of material made available on such a restricted basis. 

Without hearing the parties, I've determined to make the necessary order if the applicant is to be entitled to take copies of material held by the Registrar as opposed to merely look at it, to ensure that the use that's made of such copies does not go beyond the bounds indicated above.  If there is good reason for allowing the applicant to make more general use of the material, then, at some appropriate time, an application can be made to the Court to change the order which I'm about to make.

The hearing is imminent, indeed, set for next Monday which is the next sitting day of the Court.  The orders, the making of which, as I've said, is a consequence of the concerns expressed by the Registrar are as follows:

1. The applicant be at liberty to inspect subpoenaed documents produced to the Court by the respondent and, at its cost, to take copies for the purpose of preparing and presenting its case in Maroochydore originating application D26 of 2009.

1. The applicant and its agents not use or disseminate the documents or any information contained in them other than for purposes of Maroochydore originating application D26 of 2009.

1. The applicant and its agents not provide the documents or any copies of the documents to any person for any purpose other than Maroochydore originating application D26 of 2009.

1. If it is intended to provide the documents or copies to any other person, the Registrar be advised in advance of that person's name, and provided with a written undertaking from that person not to use or disseminate the documents or any information contained in them, other than for the purpose of Maroochydore originating application D26 of 2009, and not to provide the documents or copies to any further person.

1. Any such advice and undertaking may be provided in the first instance by facsimile transmission to 54 708 146, or similar means.

1. Liberty to apply.

The terms of that order adopt some of the terminology of a letter of today's date from the Council to the applicant's solicitors outlining conditions on which it was willing to provide copies, a copy of which the Registrar had.

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