Mina Suh v Liverpool City Council and Casula Community Group for Responsible Planning Inc [2016] NSWLEC 1177

Mina Suh v Liverpool City Council and Casula Community Group for Responsible Planning Inc [2016] NSWLEC 1177

Procedural fairness required adjourning the second day of hearing and vacating the hearing date, to allow the respondents’ social planning experts time to digest and respond to the late material served by the applicant's expert.

Parties
Applicant: Mina Suh; Respondent: Liverpool City Council; Second Respondent: Casula Community Group for Responsible Planning Inc
Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Class 1 / Interlocutory (notice of Motion Concerning Vacation of Hearing Date)
Outcome
Hearing dates vacated in part; orders made for joint expert report and new hearing schedule.
Legal Topics
Procedural Fairness, Adjournment, Expert Evidence
Environmental Law Planning Law Procedural Fairness Adjournment Expert Evidence

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Parties

Mina Suh

Applicant

Liverpool City Council

Respondent

Casula Community Group for Responsible Planning Inc

Second Respondent

Procedural Posture

Class 1 / Interlocutory (notice of Motion Concerning Vacation of Hearing Date)

Legal Issues

  1. 1 Whether hearing dates should be vacated to allow for procedural fairness in light of late material served by the applicant's social planning expert

Ratio Decidendi

Procedural fairness required adjourning the second day of hearing and vacating the hearing date, to allow the respondents’ social planning experts time to digest and respond to the late material served by the applicant's expert.

Court Disposition

Hearing dates vacated in part; orders made for joint expert report and new hearing schedule.

Orders

  • The expert witnesses on social impacts are to confer and produce a joint report by 14 June 2016.
  • The hearing is to commence on Monday 16 May 2016 on site for the purpose of taking a view and hearing from objectors and returning to Court in order to deal with any matter not related to expert evidence on social impact.