NSW Caselaw
Reported Decision : 165 LGERA 1
Land and Environment Court of New South Wales
CITATION : Pittwater Council v A1 Professional Tree Recycling Pty Ltd [2008] NSWLEC 325
PROSECUTOR: Pittwater Council PARTIES : DEFENDANT: A1 Professional Tree Recycling Pty Ltd
FILE NUMBER(S) : 50051 of 2008
CORAM: Biscoe J
KEY ISSUES: Evidence :- expert evidence - whether and in what circumstances an expert witness's evidence is inadmissible or should be excluded in the court's discretion because of lack of impartiality.
Land and Environment Court Rules 2007, r 5.2(1) LEGISLATION CITED: Supreme Court Rules 1970, Pt 75 r 3J Uniform Civil Procedure Rules 2005, Sch 7 cl 2(1), 2(2), 2(3)
Australian Securities and Investments Commission v Rich [2005] NSWSC 149 Evans Deakin Pty Limited v Sebel Furniture Limited [2003] FCA 171 CASES CITED: Fagenblat v Feingold Partners Pty Ltd [2001] VSC 454 Kirch Communications Pty Limited v Gene Engineering Pty Ltd [2002] NSWSC 485 Willoughby City Council v Transport Infrastructure Development Corporation (No 2) [2008] NSWLEC 238
DATES OF HEARING: 15 December 2008
EX TEMPORE JUDGMENT DATE : 15 December 2008
PROSECUTOR: Mr J Johnson SOLICITORS Grahame Jackson & Associates LEGAL REPRESENTATIVES: DEFENDANT: Mr T G Howard SOLICITORS Lawhouse Lawyers
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