Mansfield v Minister for Planning & Anor [2011] NSWLEC 1289

Mansfield v Minister for Planning & Anor [2011] NSWLEC 1289

Dr Clarke's evidence about the nature of tremolite asbestos and health consequences of exposure was relevant to the applicant's contentions concerning asbestos, ecologically sustainable development, the precautionary principle and SEPP 33. His training, study and experience as a thoracic physician qualified him to express opinions on forms of asbestos, asbestos-related lung disease, mechanisms and risks of exposure, and safe levels of exposure, including paragraphs [16]-[19], [23], [28]-[31] and [34]. However, his curriculum vitae did not establish specialised knowledge qualifying him to express opinions on specific work practices such as dust reduction by water spray in paragraph [27],...

Jurisdiction
Australia
Judgment Date
30 September 2011
Procedural Posture
Class 1 Appeal Pursuant to S75 L of the Environmental Planning and Assessment Act 1979 Against an Approval Under Part 3 a of the Act / Procedural Ruling on Objection to Admissibility of Expert Affidavit Evidence
Outcome
With the exception of paragraphs [27], [32] and [33] of his affidavit, the evidence of Dr Clarke was admitted.
Legal Topics
['expert Evidence' 'relevance' 'unqualified Opinion' 'naturally Occurring Asbestos' 'ecologically Sustainable Development' 'precautionary Principle']
['environmental Law' 'planning Law' 'evidence'] ['expert Evidence' 'relevance' 'unqualified Opinion' 'naturally Occurring Asbestos' 'ecologically Sustainable Development' 'precautionary Principle']

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Procedural Posture

Class 1 Appeal Pursuant to S75 L of the Environmental Planning and Assessment Act 1979 Against an Approval Under Part 3 a of the Act / Procedural Ruling on Objection to Admissibility of Expert Affidavit Evidence

Legal Issues

  1. 1 ["Whether Dr Christopher Clarke's affidavit evidence was relevant to issues in the Class 1 proceedings." "Whether parts of Dr Clarke's affidavit expressed opinions outside his specialised knowledge, training, study or experience." 'Whether evidence about the nature of tremolite asbestos and consequences of human exposure was relevant to contentions concerning ecologically sustainable development, the precautionary principle, and SEPP 33.']

Ratio Decidendi

Dr Clarke's evidence about the nature of tremolite asbestos and health consequences of exposure was relevant to the applicant's contentions concerning asbestos, ecologically sustainable development, the precautionary principle and SEPP 33. His training, study and experience as a thoracic physician qualified him to express opinions on forms of asbestos, asbestos-related lung disease, mechanisms and risks of exposure, and safe levels of exposure, including paragraphs [16]-[19], [23], [28]-[31] and [34]. However, his curriculum vitae did not establish specialised knowledge qualifying him to express opinions on specific work practices such as dust reduction by water spray in paragraph [27],...

Court Disposition

With the exception of paragraphs [27], [32] and [33] of his affidavit, the evidence of Dr Clarke was admitted.

Orders

  • ['The evidence of Dr Clarke is admitted except for paragraphs [27], [32] and [33] of his affidavit.']