Gibson v Perfect Square Design Pty Ltd [2023] NSWLEC 25

Land and Environment Court New South Wales

Medium Neutral Citation: Gibson v Perfect Square Design Pty Ltd [2023] NSWLEC 25 Hearing dates: 16 March 2023 Date of orders: 21 March 2023 Decision date: 21 March 2023 Jurisdiction: Class 4 Before: Pritchard J Decision: The Court makes the following orders: (1) The notice of motion filed 23 February 2023 by the applicant seeking leave to adduce expert evidence of visual impact expert Jane Maze-Riley pursuant to r 31.19 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), and seeking that the second and third respondents have leave to adduce expert visual impact evidence, is dismissed. (2) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE – judicial review proceedings – evidence – application under r 31.19 UCPR to adduce expert evidence at trial – reasonably required to resolve the proceedings – grounds of manifest or legal unreasonableness. Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Environmental Planning and Assessment Act 1979 (NSW) s 4.16 Leichhardt Development Control Plan 2013 Uniform Civil Procedure Rules 2005 (NSW) rr 37.17, 31.19 Cases Cited: Arnold v Minister Administering the Water Management Act 2000 (No 6) [2013] NSWLEC 73 Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446; [2005] FCA 1707 Caldera Environment Centre Inc v Tweed Shire Council [1993] NSWLEC 102 David McElhone v Coordinated Logistics Pty Ltd [2023] NSWLEC 22 DEXUS Funds Management Ltd v Blacktown City Council [2011] NSWLEC 156 Filetron Pty Ltd v Innovate Partners [2022] NSWLEC 98 Friends of Kind Edward Park v Newcastle City Council (2012) 194 LGERA 226; [2012] NSWLEC 113 Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2017] NSWLEC 184 Nature Conservation Council of NSW Inc v Minister for Water, Property and Housing [2022] NSWLEC 69 Prasad v The Minister for Immigration (1985) 6 FCR 155; (1985) 65 ALR 549; [1985] FCA 47 Shellharbour City Council v Minister for Planning (2011) 189 LGERA 348; [2011] NSWCA 195 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Walsh v Parramatta (2007) 161 LGERA 118; [2007] NSWLEC 255 Texts Cited: Nil Category: Procedural rulings Parties: Kristine Gibson (Applicant) Perfect Square Design Pty Ltd (First Respondent) Craig Barnett (Second Respondent) Renate Barnett (Third Respondent) Inner West Council (Fourth Respondent) Representation: Counsel: C Ireland (Applicant) N Eastman (Second and Third Respondents)