NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Shellharbour City Council v Stewart [2008] NSWLEC 69
APPLICANT: Shellharbour City Council
PARTIES : FIRST RESPONDENT: Helen Stewart
SECOND RESPONDENT: Geoff Rose
FILE NUMBER(S) : 41097 of 2006
CORAM: Biscoe J
Practice and Procedure :- Judgment for want of evidence - no case submission - application under Uniform Civil Procedure Rules 2005 Pt 29 r 10 - discretion not to entertain application unless moving party elects not to call evidence - whether election should be required where Court is required to assess credit of witness. KEY ISSUES: Evidence:- Judgment for want of evidence - no case submission - "jury test" - evidence to be taken at its highest.
Local Government Act 1993 s 664 LEGISLATION CITED: Supreme Court Rules 1970 Pt 34 r 8 Uniform Civil Procedure Rules 2005 r 29.10
Australian Competition and Consumer Commission v Amcor Printing Papers Group Limited (2000) 169 ALR 344 CASES CITED: Hunt v Watkins (2000) 49 NSWLR 508 Khan v Hadid [2007] NSWSC 314
TEXTS CITED: Glass, Seminars on Evidence (Law Book Company, 1970) Glass, "The Insufficiency of Evidence to Raise a Case to Answer" (1981) 55 ALJ 842
DATES OF HEARING: 13/02/2008
EX TEMPORE JUDGMENT DATE : 13 February 2008
APPLICANT: Mr F M Douglas QC and Mr K Connor SC SOLICITORS Maddocks
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