NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kalambaka Pty Limited v Minister Administering the Environmental Planning and Assessment Act 1979 [2009] NSWLEC 57
30068 of 2008 APPLICANT: Kalambaka Pty Limited
RESPONDENT: Minister Administering the Enviornmental Planning and Assessment Act 1979
30069 of 2008 APPLICANT: PARTIES : Salt Kettle Pty Limited
RESPONDENT: Minister Administering the Enviornmental Planning and Assessment Act 1979
30114 of 2008 APPLICANT Tiako Pty Limited
RESPONDENT: Minister Administering the Enviornmental Planning and Assessment Act 1979
FILE NUMBER(S) : 30068; 30069; 30114 of 2008
CORAM: Biscoe J
KEY ISSUES: EVIDENCE :- Whether pre-trial valuation reports admissible – whether prepared in connection with an attempt to negotiate a settlement of a "dispute", within the meaning of s 131(b) Evidence Act 1995 – whether evidence adduced in the proceeding is likely to mislead the Court unless evidence of earlier valuation report is adduced to contradict or qualify that evidence within the meaning of s 131(2)(g) Evidence Act.
Evidence Act 1995, ss 3(1)(e), 131(1)(b), 131(2)(g) LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979, s 38(2)
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