Keith Harold McNamara v. Parry Shire Council [1988] NSWLEC 116

Land and Environment Court of New South Wales

CITATION : Keith Harold McNamara v. Parry Shire Council [1988] NSWLEC 116 APPLICANT Keith Harold McNamara

PARTIES : FIRST RESPONDENT Parry Shire Coucil

SECOND RESPONDENT C.J. and D.E. Refalo FILE NUMBER(S) : 10526 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/04/1988 DATE OF JUDGMENT: 04/19/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: In this matter, at the conclusion of the objector's case an application is made by the first and second respondents for an adjournment of the proceedings.

The application is based upon a claimed inability to deal with expert evidence said to be raised for the first time in expert evidence called by the objector. I have already noted in these proceedings the most disturbing fact that in a complicated matter such as the subject appeal, no experts' reports were exchanged by the parties prior to the hearing.

I will not, in this application, seek to assign the fault of the failure of the parties to exchange reports, but because that was not done this case, which was listed for five days, has now gone for ten days. As a consequence thereof the Court has not had the benefit of full and frank consideration of each of the issues by all of the experts.

I note also that interlocutory proceedings seeking particulars were unsuccessful, which might have resolved what were the true matters in dispute between the parties. The objector's experts now not only challenge the standards applied by the experts called on behalf of the respondents, but also challenge their expertise in particular fields.