NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 5) [2014] NSWLEC 175 Hearing dates: 30 October 2014 Decision date: 30 October 2014 Jurisdiction: Class 4 Before: Pepper J Decision: Leave granted to rely upon the affidavit of Mr Michael Roderick affirmed 30 October 2014. Catchwords: PRACTICE AND PROCEDURE: application for leave to rely on additional evidence - whether evidence was relevant to central issue for determination - whether admission of evidence so late in the proceedings would prejudice the respondent - leave granted. Legislation Cited: Civil Procedure Act 2005, ss 56-61
Environmental Planning and Assessment Act 1979, s 78A(8)(b)
Uniform Civil Procedure Rules 2005, r 31.19 Cases Cited: Friends of Tumblebee Incorporated v ATB Morton Pty Limited [2014] NSWLEC 127
Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 4) [2014] NSWLEC 166 Category: Interlocutory applications Parties: Friends of Tumblebee Incorporated (Applicant) ATB Morton Pty Limited (First Respondent) Cessnock City Council (Second Respondent) Representation: Mr J Lazarus with Ms J Walker (Applicant) Ms H Irish (First Respondent) Submitting Appearance (Second Respondent) Environmental Defender's Office NSW (Applicant) ATB Morton Pty Limited (First Respondent) Marsdens Law Group (Second Respondent) File Number(s): 40027 of 2014
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