WALKER CORPORATION PTY LTD v SYDNEY HARBOUR FORESHORE AUTHORITY [2009] NSWCA 178

New South Wales Court of Appeal

CITATION: WALKER CORPORATION PTY LTD v SYDNEY HARBOUR FORESHORE AUTHORITY [2009] NSWCA 178

HEARING DATE(S): 12 May 2009

JUDGMENT DATE: 3 July 2009

JUDGMENT OF: Beazley JA at 1; Basten JA at 2; Young JA at 112

(1) Dismiss the appeal.

DECISION: (2) Order the appellant to pay the respondent's costs of the proceedings in this Court.

(3) Lift the stay on the further proceedings in the Land and Environment Court made by order 4 in this Court on 22 October 2008.

CATCHWORDS: APPEAL - nature of appeal - decision on question of law - interlocutory appeal on procedures - Land and Environment Court Act 1979 (NSW), s 57 - APPEAL - decision on question of law - interlocutory ruling - rejection of proposed amendment to pleading - whether amendment a rejected basis of valuation - APPEAL - decision on question of law - interlocutory ruling - whether power to refuse to hear further evidence - whether power properly exercised - Land and Environment Court Act 1979 (NSW), s 38 - EVIDENCE - expert evidence - evidence adduced at earlier hearing - court differently constituted on remittal - refusal to hear further evidence - PROCEDURE - remittal following appeal - scope of remitter - court differently constituted - power to reject proposed amendment to pleading - power to reject further evidence - whether power properly exercised - WORDS AND PHRASES - "or", "matter", "rehearing", "remitter", "reopening"

Administrative Appeals Tribunal Act 1975 (Cth), s 44 Environmental Planning and Assessment Act 1979 (NSW), s 70 Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 98; Sch 1 Federal Court of Australia Act 1976 (Cth), ss 22, 28 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 55, 56, 57 Land and Environment Court Act 1979 (NSW), ss 38, 57 Migration Act 1958 (Cth), ss 481, 501 Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), r 31.19, Pt 31, Div 2; Sch 1