Khattar v Holroyd City Council [2005] NSWLEC 411

Land and Environment Court of New South Wales

CITATION : Khattar v Holroyd City Council [2005] NSWLEC 411

George Khattar (Appl) PARTIES : Holroyd City Council (Resp)

FILE NUMBER(S) : 11636 of 2004

CORAM: McClellan CJ

KEY ISSUES: Question of Law :- Whether the applicant has received a fair hearing

DATES OF HEARING: 28 June 2005 EX TEMPORE JUDGMENT DATE : 06/28/2005

T S Hale SC (Appl) Maclarens (Sols - Appl)

LEGAL REPRESENTATIVES:

G McKee (Resp) McKees Legal Solutions (Sols - Resp)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

McCLELLAN J

TUESDAY 28 JUNE 2005

11636/04 KHATTAR v HOLROYD CITY COUNCIL

JUDGMENT 1 HIS HONOUR: This matter comes before me this afternoon because the Commissioner has referred four questions identified as questions of law, to me for consideration pursuant to s 36(5) of the Land and Environment Court Act 1979. 2 I apprehend that the questions were raised because of submissions which have been put to the Commissioner during the course of the proceedings. However whether or not that be the case, my discussion with senior counsel for the applicant confirms that he does not now propose to make submissions to the effect of any of the propositions. 3 The questions framed in the document are as follows:

A. Is unsworn material provided orally by a non-expert during the course of a view to be given the same weight as if the same material had been given as sworn evidence during the court hearing?

B. If the answer to (1) is "yes", is any distinction to be drawn between such material where it relates to general matters of concern and such material where it contains assertions as to the existence of facts or the occurrence of events which facts or events, if accepted, are prejudicial to a party?