Bushfire Survivors for Climate Action Inc v Environment Protection Authority [2020] NSWLEC 152

Land and Environment Court New South Wales

Medium Neutral Citation: Bushfire Survivors for Climate Action Inc v Environment Protection Authority [2020] NSWLEC 152 Hearing dates: 15, 20 and 23 October 2020 Date of orders: 26 October 2020 Decision date: 04 November 2020 Jurisdiction: Class 4 Before: Moore J Decision: See orders set out in Annexure B to this decision. Catchwords: EVIDENCE - Notice of Motion by the Applicant for leave to file and serve expert evidence in Class 4 proceedings - insufficiently precise identification of propositions/questions proposed to be subject of the expert evidence - refinement of areas of proposed expert evidence - need to ensure expert evidence had relevance to the alleged impacts on New South Wales - leave granted for filing and serving expert evidence from nominated expert on specified propositions/questions - position of Respondent to consider seeking leave for expert evidence in reply preserved Cases Cited: Fullerton Cove Residents Action Group Inc v Dart Energy Ltd (No 2) (2013) 195 LGERA 229; [2013] NSWLEC 38; Help Save Mt Gilead Inc v Mount Gilead Pty Limited [2018] NSWLEC 88 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Texts Cited: Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (July 2020) Category: Procedural and other rulings Parties: Bushfire Survivors for Climate Action Inc (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: Mr G Kennett SC/Mr D Hume, barrister (Applicant) Mr O Jones, barrister (Respondent)