Kevin Snell Pty Limited v Manly Council [2004] NSWLEC 760

Kevin Snell Pty Limited v Manly Council [2004] NSWLEC 760

It is appropriate to appoint independent court experts for noise and town planning matters; additional expert evidence from a traffic engineer or social planner is unnecessary where a town planner can address the relevant issues. The matter is adjourned to allow the respondent to prosecute its appeal and for parties to agree on appointments of court experts.

Parties
Applicant: Kevin Snell Pty Limited; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
23 November 2004
Procedural Posture
Class 1 Appeal / Interlocutory; Consideration of Expert Evidence and Adjournment Pending Court of Appeal Proceedings
Outcome
Adjourned for short period to allow prosecution of appeal and agreement on court expert appointments.
Legal Topics
Expert Evidence, Appointment of Court Experts, Town Planning, Adjournment Procedure, Resource Management
Planning Law Expert Evidence Appointment of Court Experts Town Planning Adjournment Procedure Resource Management

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Parties

Kevin Snell Pty Limited

Applicant

Manly Council

Respondent

Procedural Posture

Class 1 Appeal / Interlocutory; Consideration of Expert Evidence and Adjournment Pending Court of Appeal Proceedings

Legal Issues

  1. 1 Whether expert evidence in traffic engineering and social planning is necessary.
  2. 2 Whether appointed experts should be independent of the parties.
  3. 3 Whether the matter should be adjourned pending the outcome of a related appeal.

Ratio Decidendi

It is appropriate to appoint independent court experts for noise and town planning matters; additional expert evidence from a traffic engineer or social planner is unnecessary where a town planner can address the relevant issues. The matter is adjourned to allow the respondent to prosecute its appeal and for parties to agree on appointments of court experts.

Court Disposition

Adjourned for short period to allow prosecution of appeal and agreement on court expert appointments.

Orders

  • Matter adjourned to Tuesday, 30 November.
  • Court experts to be appointed for noise and town planning pending parties' agreement.