Hornsby Shire Council v The Valuer General of New South Wales [2013] NSWSC 1026

Supreme Court New South Wales

Medium Neutral Citation: Hornsby Shire Council v The Valuer General of New South Wales [2013] NSWSC 1026 Hearing dates: 12/07/2013 Decision date: 12 July 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) The application of the Hornsby Shire Council for a ruling pursuant to section 192A of the Evidence Act 1995, that the fifth defendant, CSR, not be permitted to rely upon the expert report of Mr Keith Cottier, an expert architect of Allen Jack & Cottier dated 28 June 2013, is refused. (2) Order the costs of this application be costs in the cause. Catchwords: EVIDENCE - application for advanced ruling pursuant to s 192A of Evidence Act - further expert evidence sought to be relied upon - whether applicant can show real or substantial prejudice - interests of justice require all issues to be determined at trial - no prejudice in reliance on additional expert evidence - no general point of principle Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Land Acquisition (Just Terms Compensation) Act 1991 Valuation of Land Act 1916 Category: Procedural and other rulings Parties: Hornsby Shire Council (P) The Valuer General of NSW (D1) State of New South Wales (D2) Brian Rushton Nicholson (D3) Alcorn Corbin Nicholson Pty Limited (D4) CSR Limited (D5) Representation: Counsel: J Lazarus (P) P Menzies QC / B Nolan (D1, D2 & D6) B Hackney (D3 & D4) A J L Bannon SC / C D Wood (D5) Solicitors: Storey & Gough (P) Crown Solicitors (D1, D2 & D6) Norton Rose Fulbright Australia (D3 & D4) Minter Ellison Lawyers (D5) File Number(s): 2009/00297428