Bungendore Residents Group Inc v Palerang Council and Navaroo Constructions Pty Ltd [2006] NSWLEC 557

Bungendore Residents Group Inc v Palerang Council and Navaroo Constructions Pty Ltd [2006] NSWLEC 557

Interrogatories relating to a Council's collective state of mind are admissible if properly framed and answered without dispute; applicant may rely on the three answers provided so long as the connected clarifications and additional answers are also tendered as required by the procedural rules.

Parties
Applicant: Bungendore Residents Group Inc; First Respondent: Palerang Council; Second Respondent: Navaroo Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
06 September 2006
Procedural Posture
Class 4 Judicial Review Proceedings / Interlocutory Hearing on Admissibility of Answers to Interrogatories
Outcome
Applicant permitted to rely on answers to three interrogatories provided further clarifications and connected answers are also tendered.
Legal Topics
Admissibility of Interrogatories, Council's Collective Consideration, Development Consent Review
Administrative Law Planning Law Evidence Admissibility of Interrogatories Council's Collective Consideration Development Consent Review

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Parties

Bungendore Residents Group Inc

Applicant

Palerang Council

First Respondent

Navaroo Constructions Pty Ltd

Second Respondent

Procedural Posture

Class 4 Judicial Review Proceedings / Interlocutory Hearing on Admissibility of Answers to Interrogatories

Legal Issues

  1. 1 Whether answers to interrogatories relating to Council's collective state of mind are admissible
  2. 2 Whether applicant can rely on specific answers to interrogatories
  3. 3 Whether further clarification to interrogatory answers should be tendered

Ratio Decidendi

Interrogatories relating to a Council's collective state of mind are admissible if properly framed and answered without dispute; applicant may rely on the three answers provided so long as the connected clarifications and additional answers are also tendered as required by the procedural rules.

Court Disposition

Applicant permitted to rely on answers to three interrogatories provided further clarifications and connected answers are also tendered.

Orders

  • Applicant may tender the three answers to interrogatories subject to also tendering answer 3(a) and paragraph 2(a) and (b) of the affidavit of Mr Glen dated 28 April 2006.