NSW Caselaw
New South Wales Supreme Court
CITATION : MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 3) [2010] NSWSC 243
HEARING DATE(S) : 25 and 26 March 2010
JUDGMENT DATE : 31 March 2010
JUDGMENT OF : Johnson J at 1
DECISION : The objection to the question at T188.39-40 is overruled.
CATCHWORDS : EVIDENCE - claim for damages for misfeasance in public office and negligence - planning decision of Council - Plaintiffs call town planner as witness - town planner had advised and represented Plaintiffs during application to Council - town planner had advised and assisted Plaintiffs concerning claim for damages - whether town planner ought be allowed to give expert opinion evidence - claim that town planner lacked objectivity - whether evidence ought be excluded under s.135 Evidence Act 1995 - voir dire procedure - objection overruled
LEGISLATION CITED : Environmental Planning and Assessment Act 1979 Evidence Act 1995
CATEGORY : Procedural and other rulings
MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 1) [2010] NSWSC 241 MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 2) [2010] NSWSC 242 Chan v Sellwood [2009] NSWSC 1335 Neilson v City of Swan [2006] WASCA 94 Leinenga v Logan City Council [2006] QSC 294 Makita (Australia) Pty Limited v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Willoughby City Council v Transport Infrastructure Development Corporation (No. 2) [2008] NSWLEC 238 Sydney South West Area Health Service v Stamoulis [2009] NSWCA 153 CASES CITED : Director of Public Prosecutions (NSW) v Zhang [2007] NSWSC 308; 48 MVR 78 R (Cth) v Petroulias (No. 6) [2006] NSWSC 1422; 182 A Crim R 1 Pittwater Council v A1 Professional Tree Recycling Pty Limited [2008] NSWLEC 325 Australian Securities and Investment Commission v Rich [2005] NSWSC 149 Harrington-Smith v State of Western Australia (No. 7) [2003] FCA 893; 130 FCR 424 Papakosmas v The Queen [1999] HCA 37; 196 CLR 297 R v Clark [2001] NSWCCA 494; 123 A Crim 506 Ainsworth v Burden [2006] NSWCA 174 Amalgamated Television Services Pty Limited v Marsden [2002] NSWCA 419 Australian Securities and Investment Commission v Rich [2004] NSWSC 1062; 213 ALR 338
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