Recent Cases

McMillan v Taylor [2023] NSWCA 157 (06 July 2023) (Payne JA)


Catchwords:


ENVIRONMENT AND PLANNING – Court of Appeal – practice and procedure – documents sought under UCPR r 33.13 – judicial review sought against decision of Commissioner – applicants not parties to decision challenged on review – where applicants seek documents in Land and Environment Court file in aid of judicial review – where respondents claim documents are confidential under Land and Environment Court Act s 34(11)

CIVIL PROCEDURE – case management – where documents sought would be inadmissible in review proceedings without respondents’ consent – where consent not forthcoming – inconsistent with Civil Procedure Act Pt 6 to allow production