Tanlane v Moorebank Recyclers [2010] NSWSC 802

New South Wales Supreme Court

CITATION : Tanlane v Moorebank Recyclers [2010] NSWSC 802

HEARING DATE(S) : 16/7/10 JURISDICTION : Equity Division

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 16 July 2010

1. On the plaintiff's notice of motion, I reserve the question of directions and reserve liberty to apply in chambers, but order that the notice of motion otherwise be dismissed. DECISION : 2. I order that the defendant's notice of motion be dismissed. 3. I make no order as to the costs of either notice of motion. 4. I order that the exhibits on the notices of motion be handed out.

CATCHWORDS : PROCEDURE – where orders made for defendant to file and serve expert evidence and for plaintiff to serve expert evidence in reply – plaintiff applies to vacate orders – whether re-agitation of matters subject to issue estoppels arising from earlier Land and Environment Court decision – whether more appropriate for question of estoppel to be determined at the hearing – whether report relevant to question of compensation – directions to be given on plaintiff's notice of motion, but otherwise dismissed. - PROCEDURE – defendant's notice of motion seeking variation of orders to provide for service of surveyor's report – relevance of surveyor's report – defendant's notice of motion dismissed.

LEGISLATION CITED : Conveyancing Act 1919 (NSW) Environmental Planning and Assessment Act 1979 (NSW)

CATEGORY : Procedural and other rulings

CASES CITED : Blair v Curran (1939) 62 CLR 464

PARTIES : Tanlane Pty Limited (Plaintiff) Moorebank Recyclers Pty Limited (Defendant)