NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Serapark Pty Limited v Minister for Education and Training [2008] NSWLEC 1325
APPLICANT Serapark Pty Limited PARTIES : RESPONDENT Minister for Education and Training
FILE NUMBER(S) : 30998 of 2007
CORAM: Registrar Dixon
KEY ISSUES: Appeal :- Substitution of expert witness
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 Education Act 1990
Kirch Communications Pty Ltd v Gene Engineering Pty Ltd [2002] NSWSC 485 CASES CITED: Fagenblat v Feingold Partners Pty Ltd [2002] VSC454 Kirch Communications Pty Ltd v Gene Engineering Pty Ltd
DATES OF HEARING: 06/08/2008
DATE OF JUDGMENT: 8 August 2008
APPLICANT Mr Tomasetti, Senior Counsel, Instructed by Mr A. Seton, Solicitor of Marsdens Law Group LEGAL REPRESENTATIVES:
RESPONDENT Mr Maston, Barrister, Instructed by Mr B. Rowe, Solicitor of Crown Solicitors Office
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Dixon R
8 August 2008
30998 of 2007 Serapark Pty Limited v Minister for Education and Training
JUDGMENT 1 On 6 August 2008 by a Notice of Motion filed on 28 June 2008 the Minister for Education and Training (the Respondent herein) moved the Court for the following orders:
a That the Respondent have leave to substitute Mr David Lunney (certified practising valuer) as expert for the Respondent in lieu if Mr Keith Watts. b That Mr Lunney serves and files his valuation report within 21 days of these Orders. c That Mr Lunney and the Applicant 's valuer meet in a joint conference for the purposes of the expert witness practice direction and produce a joint report to be filed within 6 weeks of the date of these Orders. d That the Respondent pays the Applicant's costs thrown away as a consequence of these Orders, together with the costs of this Notice of Motion. 2 The Respondent relied on the affidavit sworn by Robert Saunders on 23 July 2008 and the written submissions filed in Court on 6 August 2008.
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