NSW Caselaw
Reported Decision : 170 LGERA 118
Land and Environment Court of New South Wales
CITATION : Parkesbourne Mummel Landscape Guardians Inc v Minister for Planning [2009] NSWLEC 101
Parkesbourne/Mummel Landscape Guardians Inc (Applicant) Minister for Planning (First Respondent) PARTIES : Director-General, Department of Planning (Second Respondent) Epuron Pty Ltd (ACN 104 503 380) (Third Respondent) Gullen Range Wind Farm Pty Ltd (ACN 129 017 787) (Fourth Respondent)
FILE NUMBER(S) : 41288 of 2008
CORAM: Lloyd J
KEY ISSUES: PRACTICE AND PROCEDURE :- notice to admit facts - motion to set aside - whether notice oppressive - whether facts sought to be admitted irrelevant - abuse of process
Environmental Planning and Assessment Act 1979 s 75C LEGISLATION CITED: Civil Procedure Act 2005 s 14 and s 61(1) Uniform Civil Procedure Rules 2005 Pt 2 r 2.3(e); Pt 17 r 17.4 and Pt 42 r 42.8
Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 226 CLR 256 Multigroup Distribution Services v TNT Australia Pty Ltd [2001] FCA 227 CASES CITED: McGuirk v the University of New South Wales [2009] NSWSC 253 PNJ v The Queen [2009] HCA 6, 83 ALJR 384 Rogers v The Queen (1994) 181 CLR 251
DATES OF HEARING: 18 June 2009
DATE OF JUDGMENT: 26 June 2009
Applicant: G A F Connolly (barrister) Solicitors: Colin Biggers & Paisley
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