Hinset Pty Ltd v Lane Cove Council [2011] NSWLEC 120

Land and Environment Court New South Wales

Medium Neutral Citation: Hinset Pty Ltd v Lane Cove Council [2011] NSWLEC 120 Hearing dates: 11/07/2011 Decision date: 11 July 2011 Jurisdiction: Class 1 Before: Pepper J Decision: Application refused Catchwords: PROCEDURE: application for a direction to limit the number of expert witnesses on a specific issue - whether there were one or two distinct bushfire issues requiring expert evidence - whether one or two bushfire experts were necessary given the limited expertise of one of the expert witnesses Legislation Cited: Civil Procedure Act 2005 s 56 Environmental Planning and Assessment Act 1979 s 79BA Land and Environment Court Rules 2007 r 3.7(2) Uniform Civil Procedure Rules 2005 r 31.20(2)(e) Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 2; (2011) 277 ALR 611 Category: Procedural and other rulings Parties: Hinset Pty Ltd (Applicant) Lane Cove Council (Respondent) Representation: Mr P M Tomasetti SC (Applicant) Ms C M McCullum (Respondent) Maddocks Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 11/10465

EX TEMPORE Judgment

Introduction 1This is an application by Lane Cove Council ("the council") for a direction under r 31.20(2)(e) of the Uniform Civil Procedure Rules 2005 ("UCPR"), that the number of bushfire expert witnesses who may be called to give evidence by the applicant, Hinset Pty Ltd ("Hinset"), be limited to only one expert witness. 2At the conclusion of the application the Court ruled that the council had not been successful and that no direction would be given. These are the reasons for that ruling.