The City of Sydney v Streetscape Projects (Australia) Pty Limited

The City of Sydney brought an action against Streetscape Projects (Australia) Pty Limited, alleging breaches of development consent conditions. The dispute centred around the alleged inadequacy of the discovery provided by Streetscape, which was claimed to have hampered the City's ability to adequately prepare for the trial. The case was heard in the Supreme Court of New South Wales. The legal issues that the court was required to determine included whether the City's evidence of the alleged inadequacy of discovery was sufficient to warrant a new trial and if the City's failure to seek a pre-trial conference amounted to an abuse of process.

The court found that the City's evidence was insufficient to establish that the alleged inadequacy of discovery was so significant as to necessitate a new trial. The court held that the City had not demonstrated that the discovery provided by Streetscape was inadequate in a way that would have materially affected the outcome of the trial. The court further found that the City's failure to seek a pre-trial conference did not amount to an abuse of process. The City's claims were dismissed, and the orders made by the trial judge were upheld. The court did not find it necessary to order a new trial or grant any other relief to the City.