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

Land and Environment Court

New South Wales

Medium Neutral Citation: 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
Hearing dates: 12 May 2014
Decision date: 12 May 2014
Jurisdiction: Class 4
Before: Craig J
Decision:
1.Order that Australia Skydive Pty Ltd produce the documents identified in paragraphs 1, 2 and 3 of the Council's Notice to Produce filed on 13 March 2014.
2.Dismiss the Notice of Motion filed by Australia Skydive Pty Ltd on 3 April 2014 seeking to have its Class 1 proceedings 14/10059 heard together with the Class 4 proceedings 13/40934 and 14/40065.
3.Costs of the respective Notices of Motion to be costs in the proceedings.
4.Orders in accordance with the Short Minutes of Order initialled by his Honour and placed with the papers.
5.Note the proceedings are next listed for directions before Craig J at 9.30 am on Wednesday 25 June 2014.

Catchwords: PRACTICE AND PROCEDURE - motion to set aside a notice to produce - notice issued under r 34.1 of the Uniform Civil Procedure Rules 2005 (NSW) - whether documents sought in notice were relevant to or had any bearing upon the issues in the proceedings - whether premature to require production of documents - motion granted in part
Legislation Cited: Air Navigation Act 1938 (NSW)
Civil Procedure Act 2005 (NSW)
Commonwealth Constitution
Crown Lands Act 1989 (NSW)
Environmental Planning and Assessment Act 1979 (NSW)
Evidence Act 1995 (NSW)
Judiciary Act 1903 (Cth)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Norris v Kandiah [2007] NSWSC 1296
Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869
Penrith Rugby League Club Pty Ltd v Brown [2004] NSWSC 1182
Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710
Category: Procedural and other rulings
Parties:
13/40934
Wyong Shire Council (Applicant)
Australia Skydive Pty Limited (First respondent)
Tuggerah Lake Reserve Trust (Second respondent)

14/10059
Australia Skydive Pty Limited (Applicant)
Wyong Shire Council (Respondent)
14/40065
Australia Skydive Pty Ltd (Applicant)
Central Coast Aero Club Limited (First respondent)
Wyong Shire Council (Second respondent)
Representation:
13/40934
P W Larkin SC with L Thomas (Applicant)
M Astill (First respondent)
F Berglund (Second respondent)

14/10059
M Astill (Applicant)
P W Larkin SC with L Thomas (Respondent)

14/40065
M Astill (Applicant)
Dilworth (First respondent)
P W Larkin SC with L Thomas (Second respondent)
13/40934
Wyong Shire Council (Applicant)
Maddocks Lawyers (First respondent)
McCabes Lawyers(Second respondent)

14/10059
Maddocks Lawyers (Applicant)
Wyong Shire Council (Respondent)
14/40065
Maddocks Lawyers (Applicant)
Peter Hudson Solicitors (First respondent)
Wyong Shire Council (Second respondent)

File Number(s): 40934 of 2013 10059 of 2014 40065 of 2014

ex tempore Judgment

Adjacent to the shore of Tuggerah Lake on the Central Coast of New South Wales is a large area of land formerly known as the Pioneer Dairy and now a reserve under the Crown Lands Act1989 (NSW) (the Reserve). That Reserve is under…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Wyong Shire Council v Australia Skydive Pty Ltd; Australia S...

Details

AGLC: 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
Case: [2014] NSWLEC 56
Decision Date: 12 May 2014

CaseChat Overview and Summary

The parties involved in this case were Wyong Shire Council, Australia Skydive Pty Ltd, and Central Coast Aero Club Ltd. The dispute involved the production of certain documents and the consolidation of legal proceedings. The case was heard by the Supreme Court of New South Wales, General Division. The court was asked to decide whether certain documents should be produced by Australia Skydive Pty Ltd and whether specific legal proceedings should be heard together.

The legal issues before the court were whether Australia Skydive Pty Ltd should be compelled to produce specific documents as required by the Wyong Shire Council's Notice to Produce and whether the legal proceedings initiated by Australia Skydive Pty Ltd should be consolidated with other proceedings. The court needed to determine if the documents were relevant to the case and if consolidating the proceedings would be in the interest of justice and efficiency.

The court ruled that Australia Skydive Pty Ltd must produce the documents identified in the Notice to Produce. The court found that the documents were relevant to the case and their production was necessary for the fair administration of justice. Regarding the consolidation of proceedings, the court dismissed the application by Australia Skydive Pty Ltd. The court held that consolidating the proceedings would not serve the interests of justice and efficiency, and therefore, the proceedings should remain separate.

The final orders of the court included compelling Australia Skydive Pty Ltd to produce the specified documents, dismissing the application to consolidate the proceedings, and setting costs for the respective notices of motion. The proceedings were scheduled for further directions before Craig J. The orders were to be recorded in accordance with the Short Minutes of Order and the case was set to be next listed for directions on 25 June 2014.

Orders

Orders of the court

1.Order that Australia Skydive Pty Ltd produce the documents identified in paragraphs 1, 2 and 3 of the Council's Notice to Produce filed on 13 March 2014.

2.Dismiss the Notice of Motion filed by Australia Skydive Pty Ltd on 3 April 2014 seeking to have its Class 1 proceedings 14/10059 heard together with the Class 4 proceedings 13/40934 and 14/40065.

3.Costs of the respective Notices of Motion to be costs in the proceedings.

4.Orders in accordance with the Short Minutes of Order initialled by his Honour and placed with the papers.

5.Note the proceedings are next listed for directions before Craig J at 9.30 am on Wednesday 25 June 2014.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	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
Hearing dates:	12 May 2014
Decision date:	12 May 2014
Jurisdiction:	Class 4
Before:	Craig J
Decision:	1.Order that Australia Skydive Pty Ltd produce the documents identified in paragraphs 1, 2 and 3 of the Council's Notice to Produce filed on 13 March 2014. 2.Dismiss the Notice of Motion filed by Australia Skydive Pty Ltd on 3 April 2014 seeking to have its Class 1 proceedings 14/10059 heard together with the Class 4 proceedings 13/40934 and 14/40065. 3.Costs of the respective Notices of Motion to be costs in the proceedings. 4.Orders in accordance with the Short Minutes of Order initialled by his Honour and placed with the papers. 5.Note the proceedings are next listed for directions before Craig J at 9.30 am on Wednesday 25 June 2014.
Catchwords:	PRACTICE AND PROCEDURE - motion to set aside a notice to produce - notice issued under r 34.1 of the Uniform Civil Procedure Rules 2005 (NSW) - whether documents sought in notice were relevant to or had any bearing upon the issues in the proceedings - whether premature to require production of documents - motion granted in part
Legislation Cited:	Air Navigation Act 1938 (NSW) Civil Procedure Act 2005 (NSW) Commonwealth Constitution Crown Lands Act 1989 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) Judiciary Act 1903 (Cth) Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	Norris v Kandiah [2007] NSWSC 1296 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Penrith Rugby League Club Pty Ltd v Brown [2004] NSWSC 1182 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710
Category:	Procedural and other rulings
Parties:	13/40934 Wyong Shire Council (Applicant) Australia Skydive Pty Limited (First respondent) Tuggerah Lake Reserve Trust (Second respondent) 14/10059 Australia Skydive Pty Limited (Applicant) Wyong Shire Council (Respondent) 14/40065 Australia Skydive Pty Ltd (Applicant) Central Coast Aero Club Limited (First respondent) Wyong Shire Council (Second respondent)
Representation:	13/40934 P W Larkin SC with L Thomas (Applicant) M Astill (First respondent) F Berglund (Second respondent) 14/10059 M Astill (Applicant) P W Larkin SC with L Thomas (Respondent) 14/40065 M Astill (Applicant) Dilworth (First respondent) P W Larkin SC with L Thomas (Second respondent) 13/40934 Wyong Shire Council (Applicant) Maddocks Lawyers (First respondent) McCabes Lawyers(Second respondent) 14/10059 Maddocks Lawyers (Applicant) Wyong Shire Council (Respondent) 14/40065 Maddocks Lawyers (Applicant) Peter Hudson Solicitors (First respondent) Wyong Shire Council (Second respondent)
File Number(s):	40934 of 2013 10059 of 2014 40065 of 2014