New South Wales Consolidated Acts

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ROAD TRANSPORT ACT 2013 - SECT 279

Preliminary discovery of information for recovery of private car park fees

279 Preliminary discovery of information for recovery of private car park fees

(cf Gen Act, s 244B)

(1) Transport for NSW cannot be required by preliminary discovery to disclose any information about a registrable vehicle or the registered operator of a registrable vehicle (including information contained in a relevant register) if the preliminary discovery is for the purpose of the recovery of private car park fees.
(2) Preliminary discovery is considered to be for the purpose of the recovery of private car park fees if the preliminary discovery is in connection with ascertaining the identity or whereabouts of a person for the purpose of commencing proceedings against the person for the recovery of private car park fees or is otherwise in connection with the commencement of proceedings for the recovery of private car park fees.
(3) In this section--

"preliminary discovery" means an order under Part 5 of the Uniform Civil Procedure Rules 2005 or any requirement imposed for a similar purpose by or under any other Act, rule or law.

"private car park fee" means any amount alleged to be payable under the terms and conditions of a contract, arrangement or understanding in relation to the use of a car park (such as an amount payable for the use of the car park and including an amount payable for breaching any such terms and conditions), but not including an amount alleged to be payable under the terms and conditions of a contract that is in writing and signed by the relevant parties.

"relevant register" means a register maintained by Transport for NSW under any Act.



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