Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 4) [2011] NSWLEC 35

Land and Environment Court New South Wales

Medium Neutral Citation: Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 4) [2011] NSWLEC 35 Hearing dates: 8 March 2011 Decision date: 08 March 2011 Jurisdiction: Class 4 Before: Pepper J Decision: Leave to reopen refused Catchwords: PROCEDURE: application to reopen case to adduce further documentary evidence obtained pursuant to a subpoena -application on last day of hearing during the course of closing submissions - application refused - documentary evidence had limited probative value and, if admitted, would have either caused prejudice to the other parties, necessitated an adjournment of the proceedings, or both Legislation Cited: Civil Procedure Act 2005, ss 56-60 Protection of the Environment Operations Act 1997 Uniform Civil Procedure Rules 2005, rr 21 and 29.5 Cases Cited: Australian Securities and Investment Commission v Rich [2006] NSWSC 826; 235 ALR 587 Gaskin v Ollerenshaw [2010] NSWSC 788 Mosca v Roads and Traffic Authority of NSW [2007] NSWLEC 79 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 2) [2011] NSWLEC 25 Category: Procedural and other rulings Parties: Wollondilly Shire Council (Applicant) Foxman Environmental Development Services Pty Ltd (First Respondent) Phillip Foxman (Second Respondent) Botany Building Recyclers Pty Ltd (Third Respondent) Representation: Counsel: Mr T Howard (Applicant) Mr P Clay with Mr M Seymour (First, Second and Third Respondents) Solicitors: Hones La Hood (Applicant) Whittens Lawyers (First, Second, Third Respondent) File Number(s): 40578 of 2010