Landco (NSW) Pty Ltd v Camden Council [2017] NSWLEC 86

Land and Environment Court New South Wales

Medium Neutral Citation: Landco (NSW) Pty Ltd v Camden Council [2017] NSWLEC 86 Hearing dates: 14 July 2017 Date of orders: 14 July 2017 Decision date: 19 July 2017 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [2] Catchwords: DIRECTIONS – delay in preparation of joint expert report – whether one expert is entitled to affix amended plans to joint report – experts unable to agree on form and content of joint report – directions made requiring experts to complete their allocated task Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: John v Henderson (No 1) [2013] NSWSC 1435 Marinkovic v Rockdale City Council [2007] NSWLEC 71; (2007) 151 LGERA 385 Ruan v Cumberland Council [2016] NSWLEC 1565 Category: Procedural and other rulings Parties: Landco (NSW) Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: A Gadiel, solicitor (Applicant) C Novak (Respondent)

Solicitors: Mills Oakley (Applicant) Swaab Attorneys (Respondent) File Number(s): 2017/00080132 Publication restriction: No

REASONS 1. At 3:00pm on Friday, 14 July 2017 these proceedings came before me as Duty Judge. The parties' legal representatives had requested that the matter be listed before the Registrar on 14 July 2017 for directions and to explain the delay in the preparation of a town planning/urban design joint report that was to be filed and served by 7 July 2017. The matter was transferred to me as Duty Judge as the Class 1 hearing is to commence next Thursday 20 July 2017. 2. Mr Gadiel, solicitor, appeared for the applicant and Ms Novak, of counsel, appeared for the respondent, Camden Council ('Council'). Detailed documentary material was provided and oral submissions made. At the completion of the submissions, I indicated to the parties that due to the fact that the hearing was imminent and the nature of the dispute between the parties, which I will summarise below, I considered it appropriate to provide orders immediately (with some truncated reasons) and I indicated to the parties that I would provide short written reasons as soon as practical. The Orders I made (including two notes) were as follows: 1. The joint report of the town planning and urban design experts is to be filed and served by 5:00pm on 17 July 2017. 2. The joint report is to identify the matters upon which the experts agree and disagree, and the reasons for the agreement and disagreement. 3. The joint report is to be prepared and organised in accordance with the Land and Environment Court's Practice Note: Class 1 Development Appeals; Joint Expert Report Policy; and Conference of Expert Witnesses Policy. Notes: (a) To the extent that any expert engaged by a party is seeking to rely on amended plans for the purposes of an expert report, this is not indicative that that party will be able to rely on amended plans in the hearing. (b) The experts are to be informed that the joint report is not a vehicle to provide significant changes to plans that are presently before the Court, and that have previously been the subject of amendments.