McElhone v Coordinated Logistics Pty Ltd [2023] NSWLEC 22

Land and Environment Court New South Wales

Medium Neutral Citation: McElhone v Coordinated Logistics Pty Ltd [2023] NSWLEC 22 Hearing dates: 06 March 2023 Date of orders: 07 March 2023 Decision date: 07 March 2023 Jurisdiction: Class 4 Before: Pain J Decision: The court orders: (1) Applicants have leave to rely on the amended summons annexed to the Notice of Motion dated 20 February 2023. (2) The Second Respondent's costs as agreed or assessed in relation to prayer 2 of the Notice of Motion dated 20 February 2023 must be paid by the Applicants. Catchwords: PROCEDURE - application for direction under UCPR 31.19 to allow reliance on expert evidence in judicial review proceedings refused Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 4.15 Kiama Local Environment Plan 2011, Part 1, Sch 5 Uniform Civil Procedure Rules 2005 (NSW), rr 31.17, 31.19 Cases Cited: Caldera Environment Centre Inc v Tweed Shire Council [1993] NSWLEC 102 Friends of King Edward Park Inc v Newcastle City Council and Ors (2012) LGERA 226 Prasad v Minister for Immigration & Ethnic Affairs (1985) 5 FCR 155 Shellharbour City Council v Minister for Planning [2011] NSWCA 195 Tenacity Consulting Pty Ltd v Warringah Council [2004] NSWLEC 140 Walsh v Parramatta Council [2007] NSWLEC 255 Category: Procedural rulings Parties: David McElhone (First Applicant) Melissa McElhone (Second Applicant) Coordinated Logistics Pty Ltd (First Respondent) Enzo Developments Pty Ltd (Second Respondent) Kiama Municipal Council (Third Respondent) Representation: Counsel: C Ireland (First & Second Applicant) N Eastman (Second Respondent)