Shellharbour City Council v Minister for Planning [2011] NSWCA 195

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shellharbour City Council v Minister for Planning [2011] NSWCA 195 Hearing dates: 13 July 2011 Decision date: 13 July 2011 Before: Giles JA at [32], [40]; Hodgson JA at [1]; Campbell JA at [39] Decision: Application for leave to appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EVIDENCE - Expert evidence - Requirement for directions in UCPR 31.19 - Evidence as to technical meaning of words used in statutory instruments - Directions not given because of marginal relevance - Whether error by primary judge shown - Need in some cases to state propositions to be established by expert evidence. Legislation Cited: Environmental Planning and Assessment Act 1979 s 75O Environmental Planning and Assessment Regulation 2000 cl 8N Shellharbour Rural Local Environmental Plan 2004 State Environmental Planning Policy (Major Development) 2005 Uniform Civil Procedure Rules (UCPR) r 31.19 Cases Cited: Chapman v Chapman [2007] NSWSC 1109 Ex parte MacKaness and Avery Pty Ltd; Re Royce (1943) 43 SR(NSW) 239 Category: Principal judgment Parties: applicant: SHELLHARBOUR CITY COUNCIL first respondent: MINISTER FOR PLANNING second respondent: DELFIN LEND LEASE LIMITED ABN 88 00 966 085 Representation: applicant: T F Robertson SC/ J E Lazarus first respondent: K M Richardson/ A Shearer second respondent: A M Mitchelmore applicant: Sparke Helmore Lawyers first respondent: Legal Services Branch, Department of Planning second respondent: Allens Arthur Robinson File Number(s): 2011/216692 Decision under appeal Citation: Shellharbour City Council v Minister for Planning (No 2) [2011] NSWLEC 107 Date of Decision: 2011-05-26 00:00:00 Before: Pain J File Number(s): 2011/40183