Kennedy v Stockland Developments Pty Ltd (No 6) [2012] NSWLEC 34

Land and Environment Court New South Wales

Medium Neutral Citation: Kennedy v Stockland Developments Pty Ltd (No 6) [2012] NSWLEC 34 Hearing dates: 5 March 2012 Decision date: 05 March 2012 Jurisdiction: Class 4 Before: Pepper J Decision: Leave to reopen is refused Catchwords: PRACTICE AND PROCEDURE: application for leave to reopen to admits further evidence - whether interests of justice better served by allowing or rejecting the application - evidence not relevant - prejudice to party opposing application - no explanation for failure to obtain evidence earlier or for delay in making application - application refused Legislation Cited: Environmental Planning and Assessment Act 1979, s 76A, Pt 3A National Parks and Wildlife Act 1974 s 86 Cases Cited: Kennedy v Stockland Developments Pty Ltd (No2) [2012] NSWLEC 3 Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 4) [2011] NSWLEC 35 Category: Interlocutory applications Parties: Mr Roy "Dootch" Kennedy (Applicant) Stockland Developments Pty Ltd (Respondent) Representation: Mr A Oshlack (Applicant) Mr J E Robson SC with Mr H El-Hage (Respondent) Herbert Geer (Respondent) File Number(s): 40977 of 2011

Ex Tempore Judgment

The Applicant Applies to Reopen His Case at the Commencement of Final Submissions 1This is an application by the applicant to reopen his case in order to admit into evidence a deed made between BHP Refactories Pty Ltd ("BHP") and the Council of the City of Wollongong ("the council"). 2The application was made after the evidence of both parties had closed but before final addresses had commenced. The application comes on day four of what was originally listed to be a three day hearing and after a two week adjournment in the proceedings.