Champions Quarry Pty Limited v Lismore City Council [2011] NSWLEC 1071
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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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DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Decision last updated: 25 March 2011
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