NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Homemaker Hub Pty Ltd v Strathfield Council [2009] NSWLEC 74
APPLICANT PARTIES : Homemaker Hub Pty Ltd RESPONDENT Strathfield Council
FILE NUMBER(S) : 11199 of 2008
CORAM: Pain J
PRACTICE AND PROCEDURE :- notice of motion enforcing pre-trial order of court limiting expert evidence to be relied upon at hearing - whether additional expert evidence ought to be relied on KEY ISSUES: Practice and Procedure :- whether order for joinder of additional party ought be made
Civil Procedure Act 2005 s 56, 62(3) LEGISLATION CITED: Land and Environment Court Act 1979 s 39A Uniform Civil Procedure Rules 2005 r 31.19
DATES OF HEARING: 11 May 2009 12 May 2009
DATE OF JUDGMENT: 14 May 2009
APPLICANT Mr C McEwen SC SOLICITORS Gilbert and Tobin APPLICANT ON NOTICE OF MOTION FOR JOINDER Mr C Birch SC LEGAL REPRESENTATIVES: SOLICITORS Speed and Stracey Lawyers RESPONDENT Mr T Hale SC SOLICITORS Houston Dearn O'Connor
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
14 May 2009
11199 of 2008 Homemaker Hub Pty Ltd v Strathfield Council
JUDGMENT 1 Her Honour: These are Class 1 proceedings with a hearing date in about one month. The Applicant has filed a Notice of Motion dated 7 May 2009 seeking orders that: 1. Pursuant to s 62(3)(b) of the Civil Procedure Act 2005 (NSW) the Respondent is limited to bringing evidence from one expert in each field of expertise being planning, economics and traffic. …
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