Bushfire Survivors for Climate Action Inc v Environment Protection Authority [2020] NSWLEC 152

Bushfire Survivors for Climate Action Inc v Environment Protection Authority [2020] NSWLEC 152

Leave was appropriate at the preliminary stage because focused expert evidence on specifically framed propositions/questions had potential to narrow or clarify the issues and assist the trial judge, provided that the questions were refined to address impacts on the environment of New South Wales and that admissibility, relevance, and any expert evidence in reply by the Respondent were reserved.

Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Class 4 Proceedings / Notice of Motion for Leave to File and Serve Expert Evidence
Outcome
Leave granted to the Applicant to file and serve expert evidence from Professor Penny Sackett on specified propositions/questions as amended by the Court.
Legal Topics
['leave to Adduce Expert Evidence' 'climate Change Policy Responses' 'mandamus' 'relevance and Admissibility of Expert Evidence' 'protection of the Environment']
['environmental Law' 'administrative Law' 'evidence' 'civil Procedure'] ['leave to Adduce Expert Evidence' 'climate Change Policy Responses' 'mandamus' 'relevance and Admissibility of Expert Evidence' 'protection of the Environment']

Case Brief

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Procedural Posture

Class 4 Proceedings / Notice of Motion for Leave to File and Serve Expert Evidence

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave in Class 4 proceedings to file and serve expert evidence from Professor Penny Sackett.' 'Whether the proposed expert evidence topics were sufficiently precise and sufficiently directed to impacts on the environment of New South Wales.' 'Whether questions of admissibility and relevance of the proposed expert evidence should be reserved for the trial judge.']

Ratio Decidendi

Leave was appropriate at the preliminary stage because focused expert evidence on specifically framed propositions/questions had potential to narrow or clarify the issues and assist the trial judge, provided that the questions were refined to address impacts on the environment of New South Wales and that admissibility, relevance, and any expert evidence in reply by the Respondent were reserved.

Court Disposition

Leave granted to the Applicant to file and serve expert evidence from Professor Penny Sackett on specified propositions/questions as amended by the Court.

Orders

  • ['The Applicant was granted leave to rely on the Further Amended Notice of Motion.' 'The Applicant was granted leave to file and serve expert evidence from Professor Penny Sackett on the six specified propositions/questions as amended by adding words directing questions 2 to 5 to impacts on the environment of New...