Save Sydney’s Koalas (South-West) Incorporated v Lendlease Communities (Figtree Hill) Pty Limited [2020] NSWLEC 91

Land and Environment Court New South Wales

Medium Neutral Citation: Save Sydney's Koalas (South-West) Incorporated v Lendlease Communities (Figtree Hill) Pty Limited [2020] NSWLEC 91 Hearing dates: 26 June 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [12] Catchwords: EVIDENCE – application pursuant to s 192A of the Evidence Act 1995 to exclude or restrict the use of evidence – contest as to meaning of the undefined term "staging plan" in the relevant planning controls – whether expert planning evidence might assist the trial judge – matter appropriate to be left to the trial judge – application dismissed Legislation Cited: Evidence Act 1995, s 192A Campbelltown Local Environmental Plan 2015, cll 6.3(2)(a) and 6.3(3) Campbelltown (Sustainable City) Development Control Plan 2015 Cases Cited: Shellharbour City Council v Minister for Planning & Anor (2011) 189 LGERA 348, [2011] NSWCA 195 Category: Procedural and other rulings Parties: Save Sydney's Koalas (South-West) Incorporated (Applicant) Lendlease Communities (Figtree Hill) Pty Limited (First Respondent) Campbelltown City Council (Second Respondent) Lendlease Communities (Figtree Hill No 3) Pty Limited (Third Respondent) Mount Gilead Pty Limited (Fourth Respondent) Representation: Counsel: Ms J Walker, barrister (Applicant) Mr N Williams SC (First Respondent)

Solicitors: Connor & Co (Applicant) Addisons (First, Third and Fourth Respondents) HWL Ebsworth (Second Respondent) File Number(s): 403417 of 2019 Publication restriction: No