Champions Quarry Pty Limited v Lismore City Council [2011] NSWLEC 1071

Land and Environment Court New South Wales

Medium Neutral Citation: Champions Quarry Pty Limited v Lismore City Council [2011] NSWLEC 1071 Hearing dates: 16 February 2011 Decision date: 16 February 2011 Jurisdiction: Class 1 Before: Moore SC Decision: Application to adduce further anthropological evidence refused. Catchwords: Lateness of application; long trial nearing completion. Category: Procedural and other rulings Parties: Champions Quarry Pty Limited (Applicant) Lismore City Council (Respondent) Representation: Counsel: Mr J Burrell, solicitor (Applicant) Ms S Duggan SC (Respondent) Solicitors: Burrell Solicitors (Applicant) Sparke Helmore (Respondent) File Number(s): 10069 of 2010

Judgment 1I am of the view, given that we are now at, from memory, day seventeen or eighteen of the matter, with a further four days set down that are going to be under significant constraint to enable the matter to be finished in that time - even with early starts, the possibility of late finishes and constriction of court breaks in the meantime. It is too late to be suggesting that there should be further evidence on these points, the witnesses having been excused and the matter not previously having been foreshadowed. 2I reject the application for further anthropological evidence. Tim Moore Senior Commissioner

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