Mundine v Forestry Corporation of NSW [2022] NSWLEC 140

Land and Environment Court New South Wales

Medium Neutral Citation: Mundine v Forestry Corporation of NSW [2022] NSWLEC 140 Hearing dates: 22 November 2022 Date of orders: 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraph 56 Catchwords: PRACTICE AND PROCEDURE – Application to strike out parts of Summonses – r 14.28(1) of Uniform Civil Procedure Rules 2005 (NSW) (UCPR) – whether tendency to cause embarrassment – whether reasonable cause of action disclosed relating to case as pleaded – Respondent partly successful in that four paras struck out – Applicant granted leave to re-plead single ground PRACTICE AND PROCEDURE – leave to adduce expert evidence – rr 31.19 and 31.20 of UCPR – whether experts reasonably required to resolve grounds of review – whether need for multiple ecological experts – ss 56, 57 and 58 of Civil Procedure Act 2005 (NSW) – whether case as pleaded identifies causes of action relating to expert topics – leave granted for evidence by single ecological expert on identified issue – leave not granted to adduce expert evidence going to Aboriginal cultural values Legislation Cited: Civil Procedure Act 2005 (NSW) Forestry Act 2012 (NSW) Land and Environment Act 1979 (NSW) Protection of the Environment Administration Act 1991 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dolton v Eurobodalla Shire Council [2020] NSWLEC 141 Elanor Investors Ltd v Sydney Zoo Pty Limited [2019] NSWLEC 80 Muswellbrook Shire Council v Hunter Valley Energy Coal [2017] NSWLEC 184 North Lismore Plateau Association Incorporated v Lismore City Council [2022] NSWLEC 85 Shellharbour City Council v Minister for Planning (2011) 189 LGERA 348 Category: Procedural rulings Parties: David Mundine (Applicant) Forestry Corporation of NSW (Respondent) Representation: Counsel: A Oshlack, agent (Applicant) S Free SC and J McKelvey (Respondent)