Bennett v Ku-ring-gai Council [2023] NSWLEC 6

Bennett v Ku-ring-gai Council [2023] NSWLEC 6

There was a material change in circumstances since the Registrar's decision, specifically new, uncontested evidence that the Council's current experts cannot address certain contentions, justifying permitting town planning expert evidence to ensure just resolution of the issues between the parties.

Parties
Applicant on the Motion: Ku-ring-gai Council; First Respondent on the Motion: Alex Bennett; Second Respondent on the Motion: Ingrid Johanna King
Jurisdiction
Australia
Judgment Date
30 January 2023
Procedural Posture
Notice of Motion for Review of Registrar's Decision / Interlocutory; Review of Registrar's Decision Refusing Leave to Adduce Expert Town Planning Evidence
Outcome
Motion granted; Registrar's order varied to permit single party town planning expert evidence.
Legal Topics
Review of Registrar's Decision, Adducing Expert Evidence, Town Planning, Heritage Item Development Application, Expert Witness Appointment
Civil Procedure Planning Law Heritage Law Review of Registrar's Decision Adducing Expert Evidence Town Planning Heritage Item Development Application Expert Witness Appointment

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Parties

Ku-ring-gai Council

Applicant on the Motion

Alex Bennett

First Respondent on the Motion

Ingrid Johanna King

Second Respondent on the Motion

Procedural Posture

Notice of Motion for Review of Registrar's Decision / Interlocutory; Review of Registrar's Decision Refusing Leave to Adduce Expert Town Planning Evidence

Legal Issues

  1. 1 Whether the Court should vary the Registrar's decision refusing leave to adduce expert town planning evidence
  2. 2 Whether there has been a material change in circumstances justifying review of the decision
  3. 3 Whether the interests of justice require permitting town planning evidence

Ratio Decidendi

There was a material change in circumstances since the Registrar's decision, specifically new, uncontested evidence that the Council's current experts cannot address certain contentions, justifying permitting town planning expert evidence to ensure just resolution of the issues between the parties.

Court Disposition

Motion granted; Registrar's order varied to permit single party town planning expert evidence.

Orders

  • The parties are directed to confer and provide a draft order reflecting the finding that evidence of a town planning nature is to be given by a single party expert. Such draft order to be provided to my associate within 48 hours. Upon receipt of the draft order, the Court will enter orders to vary Order 4(a) of the...