Newcastle Muslim Association Incorporated v Newcastle City Council [2012] NSWLEC 20

Land and Environment Court New South Wales

Medium Neutral Citation: Newcastle Muslim Association Incorporated v Newcastle City Council [2012] NSWLEC 20 Decision date: 17 February 2012 Jurisdiction: Class 1 Before: Biscoe J Decision: Order that the respondent is at liberty to provide copies of expert reports to objectors to the amended development application who wish to consider them for the purposes of their objections, and related orders: see [30] of judgment. Catchwords: EXPERT EVIDENCE:- whether leave should be granted to the parties to a Class 1 development refusal appeal to provide copies of expert reports to objectors who wish to consider them for the purposes of their objections to the amended proposal - implied undertaking of a party not to use documents provided by the other party under compulsion of the Court other than for the purposes of the proceedings until received in evidence except with the leave of the Court - whether provision of expert reports to objectors to development application would breach the undertaking - whether leave should be granted to provide expert reports to objectors - discretion. Legislation Cited: Environmental Planning and Assessment Act 1979 s 5(c) Government Information (Public Access) Act 2009 ss 3(1), 4 and Schedule 4 Land and Environment Court Act 1979 ss 38(2), 39A, 39(2) and 39(5) Environmental Planning and Assessment Regulation 2000 cl 91 Government Information (Public Access) Regulation 2009 Schedule 1 Land and Environment Court Rules 2007 r 3.7(2) Land and Environment Court Practice Note Class 1 Development Appeals Land and Environment Court Site Inspections Policy Cases Cited: Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 Esso Australia Resources Ltd v Plowman [1995] HCA 19,183 CLR 10 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street [2008] HCA 36, 235 CLR 125 Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC 13 Category: Interlocutory applications Parties: Newcastle Muslim Association Incorporated (Applicant) Newcastle City Council (Respondent) Representation: COUNSEL: Mr T To (Applicant) Mr P Larkin SC (Respondent) SOLICITORS: Gadens Lawyers (Applicant) Newcastle City Council (Respondent) File Number(s): 10854 of 2011