The applicants in these proceedings claim that one of the respondents introduced parthenium onto their property, which caused them loss for which they seek compensation.
In this interlocutory hearing, the Land Court was required to determine whether a party to a Land Court proceeding requires leave to seek non-party disclosure. The respondents submitted that rules 13 and 14 of the new Land Court Rules 2022 required leave. The applicants submitted that no leave is required and that the non-party disclosure regime of the Uniform Civil Procedure Rules 1999 applied.
Member Stilgoe held that no leave was required.
Roger Traves QC (leading K McIntyre) appeared for the applicant, instructed by Hede Byrne & Hall.
Damian Clothier QC and James Penrose appeared for the respondents, instructed by Clayton Utz.
The judgment is published here.
