NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Willoughby City Council v Transport Infrastructure Development Corporation (No. 2) [2008] NSWLEC 238
APPLICANT: Willoughby City Council PARTIES : RESPONDENT: Transport Infrastructure Development Corporation
FILE NUMBER(S) : 30213 of 2005; 30841 of 2006
CORAM: Lloyd J
KEY ISSUES: Evidence - Practice and Procedure :- expert evidence - admissibility - overriding duty to assist the court - report prepared by an employee of a party - witness is not independent from the party and from the matter in dispute - tender is rejected
Corporations Act 2001 (Cth) Ch 6 s 648A, Ch 6A s 667B LEGISLATION CITED: Corporation Regulations 2001 (Cth) reg 5.1.01, schs 8303, 8306 Uniform Civil Procedure Rules 2005 r 31.23, sch 7.
Fagenblat v Feingold Partners Pty Ltd [2001] VSC 454 CASES CITED: Kirch Communications Pty Ltd v Gene Engineering Ltd [2002] NSWSC 485 Pilmer v Duke Group Limited (2001) 207 CLR 165 Phosphate Co-Operative v Shears (No. 3) (1988) 14 ACLR 323 (Pivot)
TEXTS CITED: Australia Securities and Investment Commission Regulatory Guide 112
DATES OF HEARING: 14 August 2008
EX TEMPORE JUDGMENT DATE : 14 August 2008
APPLICANT: P C Tomasetti SC and N M Eastman (barrister) SOLICITORS: LEGAL REPRESENTATIVES: Pike Pike & Fenwick RESPONDENT: A E Galasso SC and C D Norton (barrister) SOLICITORS: Clayton Utz
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