Westfield Management Ltd v Perpetual Trustee Company Ltd and Another [2005] NSWLEC 509

Land and Environment Court of New South Wales

CITATION : Westfield Management Ltd v Perpetual Trustee Company Ltd and Another [2005] NSWLEC 509

APPLICANT Westfield Management Ltd

FIRST RESPONDENT PARTIES : Perpetual Trustee Company Ltd

SECOND RESPONDENT City of Sydney Council

FILE NUMBER(S) : 41349 of 2004; 40227 of 2005

CORAM: Talbot J

KEY ISSUES: Evidence :- witness to be called to determine whether documents unfairly prejudicial misleading confusing or likely to cause delay - Order pursuant to s 169(1) of the Evidence Act 1995.

LEGISLATION CITED: Evidence Act 1995 s 135, s 167(c), s 168, s 169(1), s 169(5), s 169(5)(a), s 169(5)(b)

DATES OF HEARING: 11/08/2005

DATE OF JUDGMENT: 08/11/2005

APPLICANT Mr T S Hale SC with Miss J M Jagot (Barrister) SOLICITORS Minter Ellison

FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr S D Rares SC with Mr S Flanigan (Barrister) SOLICITORS Deacons

SECOND RESPONDENT Mr M G Craig QC SOLICITORS Maddocks

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

11 August 2005

41349 of 2004 Westfield Management Limited v Perpetual Company Trustee Ltd; City of Sydney Council

40227 of 2005 Westfield Management Limited v City of Sydney Council; Perpetual Trustee Company Limited

JUDGMENT 1 Talbot J: The first respondent has made a request, pursuant to s 168 of the Evidence Act 1995, that a Mr Robertson be called in order to assist the Court to determine the admissibility of documents, being document 137 to 144 (except 141) presently within a bundle comprised within exhibit A4 admitted and marked subject to admissibility. There is said to be a question of admissibility which falls within s 167(c) even though the applicant has limited the issue to which the evidence will be applied as being the issue of discretion in the event that the Court is otherwise persuaded to make an order against the first respondent.