Botany Bay City Council v Minister for Planning and Infrastructure [2014] NSWCA 141

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Botany Bay City Council v Minister for Planning and Infrastructure [2014] NSWCA 141 Hearing dates: 30 April 2014 Decision date: 30 April 2014 Before: Beazley P; Ward JA; Gleeson JA Decision: Leave to appeal refused with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EVIDENCE - Reliance on Expert Evidence in Judicial Review Proceedings - Uniform Civil Procedure Rules 2005 r 31.19 - Whether evidence was "reasonably required" to resolve the proceedings - Whether Court erred in refusing to grant leave to rely upon evidence PROCEDURE - Judgments and Orders - Statement of Reasons for Decision - Whether the primary Judge's reasons were inadequate Legislation Cited: Civil Procedure Act 2005 (NSW) s 56(3) Environmental Planning and Assessment Act 1979 Pt 3A Land and Environment Court Act 1979 (NSW) s58(3)(b) Uniform Civil Procedure Rule 2005 r 31.17, 31.19 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Beale v GIO (1997) 48 NSWLR 430 Botany Bay City Council v Minister for Planning and Infrastructure [2014] NSWLEC 14 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Segal v Waverley Council (2005) 64 NSWLR 177 Shellharbour City Council v Minister for Planning [2011] NSWCA 195 Wainohu v State of New South Wales [2011] HCA 24; 243 CLR 181 Warragamba Winery Pty Ltd v State of NSW [2010] NSWCA 174 Category: Principal judgment Parties: Botany Bay City Council (Applicant) Minister for Planning and Infrastructure (First Respondent) Stateland BKK Pty Ltd (Second Respondent) Prosha Pty Limited (Third Respondent) Statement East Pty Limited (Fourth Respondent) BKK JV Pty Limited (Fifth Respondent) Representation: Counsel: T S Hale SC with D Hume (Applicant) A Shearer (First Respondent) C Ireland (Second to Fifth Respondents) Solicitors: Houston Dearn O'Connor (Applicant) Department of Planning and Infrastructure (First Respondent) McCullough Robertson Lawyers (Second to Fifth Respondents) File Number(s): 2014/71255 Decision under appeal Citation: Botany Bay City Council v Minister for Planning and Infrastructure [2014] NSWLEC 14 Date of Decision: 2014-02-27 00:00:00 Before: Sheahan J File Number(s): LEC 13/40953