Penrith City Council v Dincel Construction System Pty Limited and Gaonor Pty Limited [2019] NSWLEC 197

Penrith City Council v Dincel Construction System Pty Limited and Gaonor Pty Limited [2019] NSWLEC 197

Leave was granted to both parties to rely on further expert evidence, balancing fairness and the interests of justice, as the nature and extent of contamination was central to appropriate relief and justice was served by allowing respondents to respond to new expert evidence.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Class 4 / Notice of Motion for Leave to Rely on Expert Evidence
Outcome
Leave granted to applicant and respondents to rely on further expert evidence
Legal Topics
['expert Evidence' 'leave to Adduce Evidence' 'development Consent' 'contaminated Land' 'planning Enforcement']
['environmental Law' 'civil Procedure'] ['expert Evidence' 'leave to Adduce Evidence' 'development Consent' 'contaminated Land' 'planning Enforcement']

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Procedural Posture

Class 4 / Notice of Motion for Leave to Rely on Expert Evidence

Legal Issues

  1. 1 ['Whether leave should be granted to rely upon an expert report filed shortly before hearing' 'Whether respondents should have opportunity to respond to new expert evidence']

Ratio Decidendi

Leave was granted to both parties to rely on further expert evidence, balancing fairness and the interests of justice, as the nature and extent of contamination was central to appropriate relief and justice was served by allowing respondents to respond to new expert evidence.

Court Disposition

Leave granted to applicant and respondents to rely on further expert evidence

Orders

  • ["Penrith City Council is granted leave to rely on the expert report of Emily McGinty of Douglas Partners dated November 2019 at Annexure 'A' to the Notice of Motion filed by Penrith City Council on 25 November 2019." 'Dincel Construction System Pty Limited and Gaonor Pty Limited are granted leave to rely upon...