Anthony Damian v Suzana Hulak

Land and Environment Court New South Wales Medium Neutral Citation: Anthony Damian v Suzana Hulak & Ors [2016] NSWLEC 1112 Hearing dates:30 March 2016Date of orders: 01 April 2016 Decision date: 01 April 2016 Jurisdiction:Class 4Before: Gray R Decision: (1)   Paragraphs 2 and 3(a) of the Notices to Produce issued on 19 January 2016 to the first, second, third and fourth respondent are set aside.(2)   The costs of the notice of motion filed 17 March 2016 are reserved. Catchwords: Notice to Produce; Relevance; Legitimate forensic purpose; Substitute for discovery. Legislation Cited: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Uniform Civil Procedure Rules 2005 Cases Cited: Attorney General for New South Wales v Dylan Chidgey [2008] NSWCCA 65 Azar Building and Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Category:Consequential orders (other than Costs)Parties: Antony Robert Damian (Applicant) Suzana Hulak (First Respondent) Peter Taras Hulak (Second Respondent) Peter Marian Hull (Third Respondent) Oksana Hull (Fourth Respondent) Anthony Protas (Fifth Respondent) Representation: Counsel: Mr M Astill (Applicant)   Ms J Reid (First, Second, Third, Fourth Respondent)   Solicitors: File Number(s):41246 of 2015Judgment In these proceedings, the Applicant seeks to review the decision of a private certifier, the Fifth Respondent, Mr Anthony Protas, to issue a Complying Development Certificate. Mr Protas has filed a submitting appearance in the proceedings. The First, Second, Third and Fourth respondents (“the active...