Roy "Dootch" Kennedy On Behalf of the Sandon Point Aboriginal Tent Embassy v Stockland Developments Pty Ltd (No 7) [2012] NSWLEC 103

Land and Environment Court New South Wales

Medium Neutral Citation: Roy "Dootch" Kennedy On Behalf of the Sandon Point Aboriginal Tent Embassy v Stockland Developments Pty Ltd (No 7) [2012] NSWLEC 103 Hearing dates: 4 May 2012 Decision date: 04 May 2012 Jurisdiction: Class 4 Before: Pepper J Decision: Application refused with costs Catchwords: EVIDENCE: whether leave to adduce expert archaeological evidence should be granted - evidence required to meet claim of destruction of Aboriginal cultural heritage - proceedings informally expedited - delay in making application - serious prejudice to applicant if leave granted - inadequate explanation given for delay in making application - application refused Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, s 76A, Pt 5 National Parks and Wildlife Act 1974, s 86 Uniform Civil Procedure Rules 2005, rr 31.19, 31.20 Cases Cited: Capital Airport Group Pty Ltd v Director--General of the NSW Department of Planning [2011] NSWLEC 22 Shellharbour City Council v Minister for Planning (No 2) [2011] NSWLEC 107 Shellharbour City Council v Minister for Planning [2011] NSWCA 195 Category: Procedural and other rulings Parties: Roy "Dootch" Kennedy On Behalf of the Sandon Point Tent Embassy (Applicant) Stockland Developments Pty Ltd (First Respondent) Wollongong City Council (Second Respondent) Representation: Mr A Oshlack, agent, c/o Indigenous Justice Advocacy Network (Applicant) Mr H El Hage (First Respondent) Submitting Appearance (Second Respondent) Mr A Oshlack, agent (Applicant) Herbert Geer Lawyers (First Respondent) Wollongong City Council (Second Respondent) File Number(s): 40116 of 2012