Noubia Pty Limited v Coffs Harbour City Council (No 2) [2021] NSWLEC 142

Land and Environment Court New South Wales

Medium Neutral Citation: Noubia Pty Limited v Coffs Harbour City Council (No 2) [2021] NSWLEC 142 Hearing dates: 25 November 2021 Date of orders: 25 November 2021 Decision date: 25 November 2021 Jurisdiction: Class 4 Before: Pain J Decision: See [34] of judgment Catchwords: PROCEDURE – further joint report of hydrological engineers should be admitted Cases Cited: Coffs Harbour City Council v Noubia Pty Ltd (2020) 246 LGERA 56; [2020] NSWCA 142 Noubia Pty Ltd v Coffs Harbour City Council [2019] NSWLEC 113 Category: Procedural rulings Parties: Noubia Pty Limited (Applicant) Coffs Harbour City Council (Respondent) Representation: Counsel: R Lancaster SC and H Irish (Applicant) I Hemmings SC and A Pearman (Respondent)

Solicitors: Pikes & Verekers Lawyers (Applicant) Wilshere Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2017/83167

Judgment 1. Noubia Pty Limited (the Applicant) seeks declarations and orders from Coffs Harbour City Council (the Council) in relation to payment for two lots of land it has dedicated to the Council. Earlier judgments delivered include Noubia Pty Ltd v Coffs Harbour City Council [2019] NSWLEC 113 (Noubia LEC) and Coffs Harbour City Council v Noubia Pty Ltd (2020) 246 LGERA 56; [2020] NSWCA 142 (Noubia CA). I am determining this matter, essentially a valuation of land to determine the amount the Council should pay the Applicant for two lots of land it has dedicated to the Council, on remitter from the Court of Appeal in Class 4 proceedings. The Applicant is essentially seeking to enforce a condition of development consent. The matter is part-heard before me, with a further hearing set down in March 2022. 2. I heard the procedural issue presently in dispute on 25 November 2021 and gave my decision on that day. I said I would provide my reasons subsequently, hence this judgment. At issue is whether the Joint Hydrology Report of Engineers filed on 27 October 2021 (the Joint Report) produced by Mr Peter Jamieson for the Applicant and Dr Daniel Martens for the Council, who have given evidence in the proceedings, can be relied on.