NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 142 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANTS: John Henry Taylor and Mildred Joy Taylor PARTIES : RESPONDENT: Port Macquarie-Hastings Council
FILE NUMBER(S) : 30623 of 2005
CORAM: Biscoe J
KEY ISSUES: EVIDENCE :- whether anything said at a conciliation conference under s 34 Land and Environment Court Act 1979 is admissible in evidence at a costs hearing in an action for compensation for compulsory acquisition of land or whether the court should exercise its discretion to refuse to admit such evidence.
Civil Procedure Act 2005, s 30(4) LEGISLATION CITED: Evidence Act 1995, ss 122, 131, 135(a) Land and Environment Court Act 1979, s 34 Uniform Civil Procedure Rules 2005, r 20.26(7)(b)
CASES CITED: Mann v Carnell [1999] HCA 66, 201 CLR 1 ROI Properties Pty Ltd v Council of City of Sydney [2010] NSWLEC 22
DATES OF HEARING: 3 August 2010
EX TEMPORE JUDGMENT DATE : 3 August 2010
APPLICANTS: Mr T S Hale SC with Mr J R Dupree SOLICITORS Russo & Partners LEGAL REPRESENTATIVES: RESPONDENT: Mr T Robertson SC with Mr J Lazarus SOLICITORS Donovan Oates Hannaford
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