Gilbank v Bloore [2012] NSWLEC 172

Land and Environment Court New South Wales

Medium Neutral Citation: Gilbank v Bloore [2012] NSWLEC 172 Hearing dates: 24 July 2012 Decision date: 24 July 2012 Jurisdiction: Class 4 Before: Craig J Decision: 1. Direct that expert evidence may be adduced by the applicants from Michael Bridgman directed to the following matters: (i) the existence and application of any Australian standard pertaining to driveways and vehicular manoeuvrability within them as relevant to the consideration of the development application determined by the Council on 12 December 2011 in respect of premises known as 48 Kite Street, Orange, and (ii) the practice of a local authority applying the identified standard when determining vehicular access to a garage on a residential property of the kind intended by the development application considered by the Council for the site at 48 Kite Street, Orange on 12 December 2011. 2. Direct that the applicants notify the respondents by 4.00pm on Friday 29 July 2012 as to whether they intend to file any further affidavit by Michael Bridgman providing evidence in accordance with the leave given by Order 1. 3. Direct that the applicants file and serve any amended Summons and Points of Claim so as to give effect to the foreshadowed amendment to paragraph 1 of the Summons and paragraphs 31 and 32 of the Points of Claim presently filed. 4. Vacate the directions hearing fixed for Friday 29 July 2012. 5. Stand over the proceedings for further directions to Friday 3 August 2012. 6. Costs of the applicants' notice of motion are to be costs in the proceedings. 7. Exhibit D tendered on the motion hearing may be returned. Catchwords: EVIDENCE: - expert evidence - application to adduce expert evidence in judicial review proceedings - whether leave should be granted pursuant to Pt 31 r 31.19 of the Uniform Civil Procedure Rules 2005 - whether expert evidence reasonably required - leave granted Legislation Cited: Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Caldera Environment Centre Inc v Tweed Shire Council [1993] NSWLEC 102 DEXUS Funds Management Ltd v Blacktown City Council [2011] NSWLEC 156 Friends of King Edward Park Inc v Newcastle City Council [2012] NSWLEC 113 Moolarben Coal Mines Pty Ltd v Director-General, Department of Industry and Investments NSW (Agriculture Division) [2011] NSWLEC 191; (2011) 186 LGERA 342 Prasad v Minister for Immigration and Ethnic Affairs [1998] FCA 47; (1985) 6 FCR 155 Shellharbour City Council v Minister for Planning [2011] NSWCA 195 Category: Procedural and other rulings Parties: Scott Peter Gilbank (First applicant) Margaret Audley (Second Applicant) Robert Graham Bloore (First respondent) Pamela Joyce Bloore (Second respondent) Orange City Council (Third respondent) Representation: C R Ireland (Applicants) F J Berglund (First and Second respondents) D J Baird (Solicitor) (Third respondent) McPhee Kelshaw Solicitors (Applicants) Campbell Paton & Taylor Solicitors (First and Second respondent) Marsdens Law Group (Third respondent) File Number(s): 40343 of 2012