Council of the Shire of Albert v Graham & Anor [1993] QPEC 63

I State Reporting Bureau ;---·.:=:-~.-.:-:-:-:~---·-.-::-:··-__ •. .·::~ TRANSCRIPT OF PROCEEDINGS i::__ ,___ :_: :< • -~;;· ll ··- ., 1_1 '11 I t1 ~; I _,, ' • I -.J l I I -- --·•7-· __ , .,. ______ _ (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority ?f the Director, State Reporting Bureau.) PLANNING AND ENVIRONMENT COURT JUDGE ROW p & E APPLICATION No 24 of 1993 COUNCIL OF THE SHIRE OF ALBERT and ALEXANDRA HELEN GRAHAM and JOHN DAVID CARLYLE BRISBANE .. DATE 30/08/93 ORDER Applicant Respondents -- 1 of 6 -- 300893 T 3/RJD M/T 3970/93 (Row DCJ) HIS HONOUR: In this matter the respondents to the originating application seeks an order that the applicant ( council of the Shire of Albert) make further and better discovery and particularises certain matters as set out in subparagraphs (a), (b) and (c) of paragraph 1 of the application for further and better discovery. The matter of complaint relates to the form in which item 3 of part 2 of schedule 1 is expressed. The List of Documents as furnished by the applicant in the originating application conforms -with. -that form as identified in· Court Forms, Precedents,. and Pleadings Volume 1 Forms 250110 and 250115. The practice in Queensland has been to describe the document as -to which ·privilege is cl-aimed, in the~ most· general of terms. This reflects the principle that a party cannot by seeking discovery compel the discovering party to so describe the privileged document as to indirectly obtain information as to privileged contracts. Court Forms, Precedents and Pleadings Volume 1 page 26047. I do not see any reason to depart from this practice. Whilst the article by Mr Morris may be of some assistance, I am satisfied that compliance with the forms is sufficient for the purposes in relation to use of the generalised words which are the subject matters of complaint by the ORDER 2 10 20 30 40 50 60 -- 2 of 6 -- 300893 T 3/RJD M/T 3970/93 (Row DCJ) 1 respondents (the applicants herein). In those circumstances I make no order for further and better discovery. I dismiss the application for furth~r and 10 better discovery. 20 30 40 50 60 ORDER 3 -- 3 of 6 -- i) IN THE PLANNING AND ENVIRONMENT COURT HELD AT BRISBANE QUEENSLAND P & E Application No. 24 of 1993 Before Row DCJ [Albert S.C. v. A.H. Graham & Anor] BETWEEN: COUNCIL OF THE SHIRE OF ALBERT ALEXANDRA HELEN GRAHAM AND JOHN DAVID CARLYLE REASONS FOR JUDGMENT Applicant Respondents Judgment delivered: 30/08/1993. Catchwords: Counsel: Solicitors: Hearing Date(s): SM Ure for the Applicant A Couper (Solicitor) Respondents King & Co for the Applicant for the Primrose Couper Cronin Rudkin for the Respondents 30 August 1993 -- 4 of 6 -- IN THE PLANNING AND ENVIRONMENT COURT HELD AT BRISBANE QUEENSLAND P & E Application No. 24 of 1993 BETWEEN: COUNCIL OF THE SHIRE OF ALBERT ALEXANDRA HELEN GRAHAM AND JOHN DAVID CARLYLE REASONS FOR JUDGMENT - ROW D.C.J. Delivered the 30th August 1993 Applicant Respondents In this matter, the respondents to the originating application seek an order that the applicant (Council of the Shire of Albert) make further and better discovery and particularises certain matters as set out in sub-paragraphs (a), (b) and (c) of paragraph 1 of the application for further and better discovery. The matter of complaint relates to the form in which Item 3 of Part 2 of Schedule 1 is expressed. The List of Documents as furnished by the applicant in the Originating Application conforms with that form as identified in Court Forms, Precedents and Pleadings, Volume 1, Forms 250110 and 250115. The practice in Queensland has been to describe the document as to which privilege is claimed, in the most general of terms. This reflects the principle that a party cannot by such discovery compel the discovering party to so describe the privileged document as to indirectly obtain information as to its privileged -- 5 of 6 -- 2 contents. Court Forms, Precedents and Pleadings, Volume 1, p.26047. I do not see any reason to depart from the practice. Whilst the article by Mr. Morris may be of some assistance, I am satisfied that compliance with the forms is sufficient for the purposes in relation to use of the generalised words which are the subject matters of complaint by the respondents ( the applicants herein). In these circumstances, I make no order for further and better discovery. I dismiss the application for further and better discovery~ -- 6 of 6 --