Help Save Mt Gilead Inc v Mount Gilead Pty Ltd (No 2) [2018] NSWLEC 147

Because the current pleadings relied on a peer review of air quality assessment dated 20 April 2009, the applicant could not rely on later data from 2012, 2013 and 2014 as part of that foundation; accordingly the Stephenson Report and the documents behind Tabs 9, 10 and 11 of Exhibit D were rejected.

Jurisdiction: Australia
Judgment Date: 20 June 2018
Procedural Posture: Class 4 Proceedings / Procedural Ruling on Admissibility of Proposed Expert Report and Documents
Outcome: Stephenson Report and documents behind Tabs 9, 10 and 11 of Exhibit D rejected.
Legal Topics: ['expert Report' 'admissibility of Evidence' 'pleadings' 'air Quality Assessment']

['evidence' 'planning and Environment'] ['expert Report' 'admissibility of Evidence' 'pleadings' 'air Quality Assessment']

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Procedural Posture

Class 4 Proceedings / Procedural Ruling on Admissibility of Proposed Expert Report and Documents

Legal Issues

1 ['Whether the proposed Stephenson Report should be admitted.' 'Whether the applicant could rely on 2012, 2013 and 2014 data contained behind Tabs 9, 10 and 11 of Exhibit D.']

Ratio Decidendi

Court Disposition

Stephenson Report and documents behind Tabs 9, 10 and 11 of Exhibit D rejected.

Orders

['The Stephenson report is rejected.' 'The documents behind Tabs 9, 10 and 11 of Exhibit D are rejected.']