Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 6) [2020] NSWLEC 68

Land and Environment Court New South Wales

Medium Neutral Citation: Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 6) [2020] NSWLEC 68 Hearing dates: 5, 9 and 10 June 2020 Date of orders: 11 June 2020 Decision date: 12 June 2020 Jurisdiction: Class 5 Before: Pepper J Decision: See rulings and orders at [82]-[88]. Catchwords: EVIDENCE: whether expert opinion evidence inadmissible because of failure to state what model was used in providing opinion – whether a failure to clearly identify facts and assumptions upon which opinion based – whether facts based on no evidence by reason of inability of expert to produce field notes – evidence rejected in part. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 125(1), 81A(4) Evidence Act 1995, s 79 Land and Environment Court of New South Wales Practice Note – Class 5 Proceedings Land and Environment Court Rules 2007, r 5.2(1) Supreme Court Rules 1970, Pt 75 r 3J Uniform Civil Procedure Rules 2005, r 31.23, Sch 7 Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 HG v The Queen [1999] HCA 2; (1999) 197 CLR 414 Kyluk Pty Ltd v Chief Executive, Office of Environment and Heritage [2013] NSWCCA 114 Makita (Australia) Pty Ltd v Spowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Nicholls v Michael Wilson & Partners Ltd [2012] NSWCA 383 Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 4) [2019] NSWLEC 58 X v Sydney Children's Hospital Speciality Network (No 5) [2011] NSWSC 1351 Category: Sentence Parties: Secretary, Department of Planning and Environment (Prosecutor) Leda Manorstead Pty Ltd (Defendant) Representation: Counsel: J Single SC with A Garsia (Prosecutor) A Galasso SC with B Anniwell (Defendant)