NSW Caselaw
Reported Decision : 142 LGERA 331
New South Wales Court of Appeal
CITATION: Minister Administering the Environmental Planning and Assessment Act 1979 v Bautovich [2005] NSWCA 350
HEARING DATE(S): 25 August 2005
JUDGMENT DATE: 11 October 2005
JUDGMENT OF: Handley JA at 1; Tobias JA at 23; Brownie AJA at 56
DECISION: Appeal dismissed with costs
CATCHWORDS: APPEAL - parties bound by conduct at trial - COMPULSORY ACQUISITION - no question of principle - EVIDENCE - agreement between experts defining issues - whether binding on Court - D
Environmental Planning and Assessment Act 1979 Evidence Act 1995 Land and Environment Court Expert Witness Practice Direction 2003 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Rivers and Foreshores Improvement Act 1948
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Banque Commerciale SA v Akhil Holdings Ltd (1990) 169 CLR 279 Dare v Pulham (1982) 148 CLR 658 CASES CITED: E J Cooper & Son Pty Ltd v Baulkham Hills Shire Council (2003) 131 LGERA 226 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 Yates Property Corporation Pty Ltd v Darling Harbour Authority (1991) 24 NSWLR 156
Minister Administering the Environmental Planning and Assessment Act 1979 (Appellant) PARTIES: George Bautovich (Respondent)
FILE NUMBER(S): CA 41083 of 2004
J J Webster SC/A Pickles (Appellant) COUNSEL: N Hemmings QC (Respondent)
Abbott Tout (Appellant) SOLICITORS: Allens Arthur Robinson (Respondent)
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