Queensland Land Court refuses an application for disclosure of a document expert

In brief

The case of Company 57 Pty Ltd as TTE v Department of Transport and Main Roads (No.2) [2017] QLC 23 involved an application to the Land Court for an order that the Department of Transport and Main Roads disclose certain documents.

The issues before the Court were as follows:

• whether the Department could be compelled by a court order to disclose documents in the possession of the Department's expert where there was no evidence that the Department had control over the documents in question; and
• whether the documents sought to be disclosed by the Applicant were directly relevant to a matter in issue in the proceedings.

The Court noted that the onus was on the Applicant to establish that the order for disclosure is to be made.