Gilbank v Bloore [2012] NSWLEC 172

Gilbank v Bloore [2012] NSWLEC 172

Leave is granted to the applicants to adduce expert evidence from Michael Bridgman relating to the existence and application of relevant Australian standards for driveways, and the practice of local authorities in applying such standards, as this evidence is reasonably required to resolve the issues raised in the judicial review of the development consent.

Jurisdiction
Australia
Judgment Date
24 July 2012
Procedural Posture
Judicial Review / Procedural Ruling on Expert Evidence
Outcome
Leave granted to applicants to adduce expert evidence; procedural directions given; costs reserved as costs in proceedings.
Legal Topics
['expert Evidence' 'judicial Review' 'development Consent' 'procedural Directions']
['administrative Law' 'planning Law' 'civil Procedure'] ['expert Evidence' 'judicial Review' 'development Consent' 'procedural Directions']

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Procedural Posture

Judicial Review / Procedural Ruling on Expert Evidence

Legal Issues

  1. 1 ['Whether leave should be granted to adduce expert evidence in judicial review proceedings under Pt 31 r 31.19 of the Uniform Civil Procedure Rules 2005' 'Whether the expert evidence is reasonably required to resolve the proceedings' 'Whether the Council failed to consider relevant standards and site suitability when granting development consent for alterations to a residential property']

Ratio Decidendi

Leave is granted to the applicants to adduce expert evidence from Michael Bridgman relating to the existence and application of relevant Australian standards for driveways, and the practice of local authorities in applying such standards, as this evidence is reasonably required to resolve the issues raised in the judicial review of the development consent.

Court Disposition

Leave granted to applicants to adduce expert evidence; procedural directions given; costs reserved as costs in proceedings.

Orders

  • ['Direct that expert evidence may be adduced by the applicants from Michael Bridgman directed to the existence and application of any Australian standard pertaining to driveways and vehicular manoeuvrability relevant to the consideration of the development application for 48 Kite Street, Orange, and to the practice...