Gibbs v Ballina Shire Council [2020] NSWLEC 72

Land and Environment Court New South Wales

Medium Neutral Citation: Gibbs v Ballina Shire Council [2020] NSWLEC 72 Hearing dates: 16 June 2020 Date of orders: 17 June 2020 Decision date: 16 June 2020 Jurisdiction: Class 1 Before: Moore J Decision: See [11] and Annexure A Catchwords: APPEARANCE – Second Respondent files submitting appearance – Second Respondent seeks to withdraw submitting appearance and take active part in proceedings – change of mind notified the day after filing the submitting appearance – Second Respondent wishes to defend development consent granted to it – First and Second Respondents propose joint Statement of Facts and Contentions in Reply – First and Second Respondents propose only a single expert witness in any discipline – appropriate to grant leave to withdraw submitting appearance – also appropriate to order that First and Second Respondents be limited to a single expert in any discipline unless leave granted to permit otherwise Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 6.11(2) Category: Procedural and other rulings Parties: Jeffrey Gibbs (Applicant) Ballina Shire Council (First Respondent) North Coast Recycling Pty Ltd (Second Respondent) Representation: Counsel: Mr M Astill, barrister (Applicant) Ms C Huegill, solicitor (First Respondent) Mr M Young, solicitor (Second Respondent)

Solicitors: Bick & Steele (Applicant) Parker & Kissane (First Respondent) McCartney Young Lawyers (Second Respondent) File Number(s): 399422 of 2019 Publication restriction: No