Bright v Acrocert Pty Ltd [2012] NSWLEC 173

Bright v Acrocert Pty Ltd [2012] NSWLEC 173

Leave to adduce expert evidence on interpretation of plans subject to the Complying Development Certificate is reasonably required to resolve principal issues of jurisdictional fact regarding compliance with relevant planning law; consent orders for substitution and expert evidence are appropriate.

Jurisdiction
Australia
Judgment Date
20 July 2012
Procedural Posture
Judicial Review / Interlocutory Ruling
Outcome
Interlocutory orders granted by consent; substitution of party; leave to adduce expert evidence; costs reserved.
Legal Topics
['substitution of Parties' 'adducing Expert Evidence' 'complying Development Certificate' 'interpretation of Architectural Plans']
['civil Procedure' 'planning Law'] ['substitution of Parties' 'adducing Expert Evidence' 'complying Development Certificate' 'interpretation of Architectural Plans']

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Procedural Posture

Judicial Review / Interlocutory Ruling

Legal Issues

  1. 1 ['Whether Brendan Lantry should be substituted as first respondent in place of Acrocert Pty Limited' 'Whether leave should be granted to adduce expert evidence regarding architectural plans relevant to the Complying Development Certificate']

Ratio Decidendi

Leave to adduce expert evidence on interpretation of plans subject to the Complying Development Certificate is reasonably required to resolve principal issues of jurisdictional fact regarding compliance with relevant planning law; consent orders for substitution and expert evidence are appropriate.

Court Disposition

Interlocutory orders granted by consent; substitution of party; leave to adduce expert evidence; costs reserved.

Orders

  • ['Brendan Lantry substituted for Acrocert Pty Limited as first respondent.' 'All documents and appearance for Acrocert Pty Limited deemed to apply to Brendan Lantry.' 'Leave granted to adduce expert evidence for interpretation of plans regarding paragraph 25 of Points of Claim.' 'Leave granted to adduce expert...