ABTOURK PTY LIMITED v. LEICHHARDT MUNICIPAL COUNCIL [1996] NSWLEC 88 (26 March 1996) [1996] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : ABTOURK PTY LIMITED v. LEICHHARDT MUNICIPAL COUNCIL [1996] NSWLEC 88 (26 March 1996) [1996] NSWLEC 1 PARTIES : ABTOURK PTY LIMITED v. LEICHHARDT MUNICIPAL COUNCIL FILE NUMBER(S) : 10925 of 19952002 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: EX TEMPORE JUDGMENT DATE : 03/26/1996

LEGAL REPRESENTATIVES:

JUDGMENT: I am unconvinced that the hearing dates should be vacated and they are confirmed. As to the alternatives in the Notice of Motion, no satisfactory reasons have been given why the issues should be permitted to be expanded at this point in time, only a few days from the hearing. I refuse leave to add issues 6, 7 and 8 in annexure `A' to the Notice of Motion.

The only question that really remains is what the council should be permitted to do in terms of filing and serving any expert reports. The hearing is to commence on Wednesday 3 April 1996 and para 2 of the Motion seeks, in the alternative, that council's expert reports sought to be relied upon be served by Monday 1 April.

Mr Parry, on behalf of the applicant, for reasons that he expounded, suggests that the most laxity that should be given to the council in terms of service of expert reports be 5pm today. I think that is unreasonable. There is however not much leeway for the council. Indeed, the later that the council serves any expert reports, the more difficult it is for the applicant. One has to accept that. At the same time, notwithstanding the way in which this matter has developed, insofar as it is possible, council should be able to present its evidence on the identified issues which remain in the case, although not the new issues which I have refused to permit to be raised. A weekend intervenes and it seems that the best I can do in fairness to both parties (insofar as time allows) is to give the council until 5pm on Friday of this week, 29 March 1996 to serve, any expert reports it proposes to rely on.