Help Save Mt Gilead Inc v Mount Gilead Pty Limited [2018] NSWLEC 88

Help Save Mt Gilead Inc v Mount Gilead Pty Limited [2018] NSWLEC 88

The proposed further amendments and interrogatories were refused because they were sought too late, would likely prejudice or inconvenience the Respondents, and were not necessary to preserve an arguable case or add sufficient forensic utility. The redacted Stephenson Report was allowed because, once confined, it was not ordinary expert opinion but a factual roadmap to relevant air quality material that could shorten and focus the trial without unacceptable prejudice, subject to any respondent filing strictly confined responsive evidence.

Jurisdiction
Australia
Judgment Date
07 June 2018
Procedural Posture
Class 4 Judicial Review Proceedings / Notice of Motion at Pre Trial Mention Seeking Leave to Further Amend the Summons, Serve Interrogatories and Adduce Expert Evidence Before Trial
Outcome
Notice of Motion allowed in part: leave to further amend and to serve interrogatories refused; leave to adduce a redacted expert report granted; costs in the cause.
Legal Topics
['leave to Amend Summons' 'interrogatories' 'expert Evidence in Judicial Review Proceedings' 'just, Quick and Cheap Resolution of Proceedings' 'state Heritage Register Process' 'validity of Gateway Determination and Local Environmental Plan Amendment']
['practice and Procedure' 'environmental Planning' 'administrative Law' 'heritage Law'] ['leave to Amend Summons' 'interrogatories' 'expert Evidence in Judicial Review Proceedings' 'just, Quick and Cheap Resolution of Proceedings' 'state Heritage Register Process' 'validity of Gateway Determination and Local Environmental Plan Amendment']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings / Notice of Motion at Pre Trial Mention Seeking Leave to Further Amend the Summons, Serve Interrogatories and Adduce Expert Evidence Before Trial

Legal Issues

  1. 1 ['Whether leave should be granted to the Applicant to further amend the Further Amended Summons shortly before trial.' 'Whether leave should be granted to administer interrogatories to the Fifth Respondent despite its submitting appearance.' 'Whether the Applicant should be permitted to adduce a redacted expert report concerning air quality material in judicial review proceedings.' 'What costs order should be made on the Motion.']

Ratio Decidendi

The proposed further amendments and interrogatories were refused because they were sought too late, would likely prejudice or inconvenience the Respondents, and were not necessary to preserve an arguable case or add sufficient forensic utility. The redacted Stephenson Report was allowed because, once confined, it was not ordinary expert opinion but a factual roadmap to relevant air quality material that could shorten and focus the trial without unacceptable prejudice, subject to any respondent filing strictly confined responsive evidence.

Court Disposition

Notice of Motion allowed in part: leave to further amend and to serve interrogatories refused; leave to adduce a redacted expert report granted; costs in the cause.

Orders

  • ['Leave is not granted to the Applicant to further amend the Further Amended Summons (Judicial Review).' 'Leave is not granted to the Applicant to serve upon the Fifth Respondent interrogatories.' 'Leave is granted to adduce evidence from Mr Peter Stephenson of Stephenson Environmental Management Australia in the...