Aesthete No. 9 Pty Limited v Blue Mountains City Council [2022] NSWLEC 1603

Aesthete No. 9 Pty Limited v Blue Mountains City Council [2022] NSWLEC 1603

Leave to admit further expert evidence in the field of civil works is refused as the interests of justice would not be served by additional evidence at this stage; such evidence is unlikely to resolve the issues without requiring still further expert evidence from other disciplines, thereby increasing time and costs and undermining the just, efficient and inexpensive determination of the proceedings.

Parties
Applicant: Aesthete No. 9 Pty Limited; Respondent: Blue Mountains City Council
Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Class 1 Appeal Modification Application / Notice of Motion Application for Leave to Call Additional Expert Evidence
Outcome
Notice of Motion refused. Listed for further case management.
Legal Topics
Modification of Development Consent, Vegetation Management Plan, Subdivision Conditions, Expert Evidence
Planning and Environment Law Administrative Law Modification of Development Consent Vegetation Management Plan Subdivision Conditions Expert Evidence

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Parties

Aesthete No. 9 Pty Limited

Applicant

Blue Mountains City Council

Respondent

Procedural Posture

Class 1 Appeal Modification Application / Notice of Motion Application for Leave to Call Additional Expert Evidence

Legal Issues

  1. 1 Whether to grant leave for the applicant to call evidence of an additional expert (civil works) and admit his report
  2. 2 Whether such evidence is necessary to resolve the matters in dispute related to construction zones and vegetation management

Ratio Decidendi

Leave to admit further expert evidence in the field of civil works is refused as the interests of justice would not be served by additional evidence at this stage; such evidence is unlikely to resolve the issues without requiring still further expert evidence from other disciplines, thereby increasing time and costs and undermining the just, efficient and inexpensive determination of the proceedings.

Court Disposition

Notice of Motion refused. Listed for further case management.

Orders

  • The Notice of Motion dated 28 September 2022 is refused.
  • The matter is to return to Court for a case management conference by AVL on 3 November 2022 at 10am.