State of New South Wales v Public Transport Ticketing Corporation (No 2)

[2011] NSWCA 185

Court of Appeal

New South Wales

Case Title:	State of New South Wales v Public Transport Ticketing Corporation (No 2)
Medium Neutral Citation:	[2011] NSWCA 185
Hearing Date(s):	On the papers
Decision Date:	07 July 2011
Jurisdiction:
Before:	Allsop P at 1 Hodgson JA at 4 Sackville AJA at 5
Decision:	Paragraphs 3.1.1-3.1.3, 3.1.7 and 4.11-4.78 of Document E41(b) be disclosed on discovery. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords:
Legislation Cited:
Cases Cited:
Texts Cited:
Category:	Consequential orders
Parties:	State of New South Wales (Appellant/First Cross Respondent) Public Transport Ticketing Corporation ACN 57 443 320 873 (First Respondent/Second Cross Respondent) Integrated Transit Solutions Limited ACN 19 085 661 865 (Second Respondent/First Cross Claimant) ERG Limited ABN 23 009 112 725 (Third Respondent/Second Cross Claimant)
Representation
- Counsel:	Counsel: Mr R Lancaster SC, Ms C Spruce (Appellant) Mr S Free (First Respondent) Mr W G Muddle SC, Mr J A Arnott (Second & Third Respondents)
- Solicitors:	Solicitors: Crown Solicitor's Office (Appellant) Allens Arthur Robinson (First Respondent/Second Cross Respondent) Norton Rose (Second & Third Respondents/First Cross Claimant, Second Cross Claimant)
File number(s):	2008/290313
Decision Under Appeal
- Court / Tribunal:	Supreme Court
- Before:	Einstein J
- Date of Decision:	08 June 2010
- Citation:	Public Transport Ticketing Corporation v Integrated Transit Solutions & Anor [2010] NSWSC 607
- Court File Number(s)	2008/290313
Publication Restriction:

Judgment

1. ALLSOP P: On 23 March 2011 the Court made orders granting leave to appeal and cross appeal, setting aside the orders of the primary judge and standing the matter over to a date to be fixed for the making of orders on the appeal and the separate question consistent with the reasons of the Court. (See [2011] NSWCA 60.)

1. The parties have a brought a number of matters back to court for consideration. These reasons deal with only one of those matters. The parties have raised a question of clarification arising from paragraphs [98] and following of my reasons (with which Hodgson JA and Sackville AJA agreed). In [98] I set out specific paragraphs of various documents that I said were parts of documents "that may be subject to disclosure by reference to these criteria". The criteria to which I referred were in the previous paragraph. I used the words "may be" because at this stage of my reasoning I was not expressing a final view as to disclosure. That final view was expressed in [99]-[101]. From those paragraphs it is clear that the identified paragraphs in [98] were to be disclosed.

1. In the last bullet point in [98] I deal with the document E41(b). I did not identify paragraphs numbers. However, an examination of that document reveals its identity with documents E37(d), E40(b) and E40(c) referred to in the earlier dot point. Thus, the paragraphs of document E41(b) that should be disclosed along with the paragraphs of the other documents identified in [98] are: 3.1.1-3.1.3, 3.1.7, 4.11-4.78.

1. HODGSON JA: I agree with Allsop P.

1. SACKVILLE AJA: I agree with Allsop P.

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