Altis Frasers JV Pty Ltd as Trustee of ARET Frasers Project Trust v Sydney Water Corporation [2026] NSWSC 1100 — Judicial Review Proceedings — Barrister AI
Altis Frasers JV Pty Ltd as Trustee of ARET Frasers Project Trust v Sydney Water Corporation
CIVIL PROCEDURE — judicial review proceedings — plaintiff a property developer — defendant a statutory authority — plaintiff challenges validity of infrastructure contribution charges issued by defendant — application of defendant for discovery pursuant to r 59.7 of the Uniform Civil Procedure Rules 2005 (NSW) — whether discovery sought is reasonably necessary to dispose fairly of the cause of action or is in the interests of a fair trial — no issue of principle
Quick Take
1Discovery in judicial review proceedings under UCPR r 59.7(4) will be granted only sparingly, and a party seeking discovery must demonstrate it is reasonably necessary for disposing fairly of the cause or in the interests of a fair trial, not merely to conduct a fishing expedition.
2Where a party concedes at the hearing that it will not rely on particular evidence (here, a deponent's subjective understanding of a contractual provision), the need for discovery directed at testing that evidence is negated.
3In assessing whether discovery of documents going to discretionary refusal of relief is warranted, the court may consider that the absolute quantum of a financial impact (here, approximately $48 million) is more significant than its proportional impact, and that existing evidence may be sufficient without requiring further disclosure.
