Help Save Mt Gilead Inc v Mount Gilead Pty Limited [2018] NSWLEC 88

Land and Environment Court New South Wales

Medium Neutral Citation: Help Save Mt Gilead Inc v Mount Gilead Pty Limited [2018] NSWLEC 88 Hearing dates: 5 June 2018 Date of orders: 07 June 2018 Decision date: 07 June 2018 Jurisdiction: Class 4 Before: Molesworth AJ Decision: See orders at [44] Catchwords: PRACTICE AND PROCEDURE – whether orders be granted giving leave to amend summons, allow the calling of expert evidence and issue interrogatories in judicial review proceedings 8 days prior to trial –no leave to amend – no leave to issue interrogatories – leave to file redacted expert report Legislation Cited: Heritage Act 1977 s 33(1) Uniform Civil Procedure Rules 2005 r 6.11 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Australian Securities and Investments Commission v Rich [2005] NSWSC 706 Millers Point Community Assoc. Incorporated v Property NSW [2017] NSWLEC 92, (2017) 224 LGERA 407 P33 of 2003 v Refugee Review Tribunal [2004] FCA 474 Shellharbour City Council v Minister for Planning (No 2) [2011] NSWLEC 107 Shellharbour City Council v Minister for Planning (2011) 189 LGERA 348; [2011] NSWCA 195 Tamaya Resources Ltd (In liq) v Deloitte Touche Tohmatsu [2015] FCA 1098 Wollongong Coal Ltd v Minister for Planning & Anor [2016] NSWLEC 113 Category: Procedural and other rulings Parties: Help Save Mt Gilead Inc (Applicant) Mount Gilead Pty Limited (First Respondent) Stefan and Anna Dzwonnik (Second Respondent) The Greater Sydney Commission (Third Respondent) Minister for Planning (Fourth Respondent) Campbelltown City Council (Fifth Respondent) Lendlease Communities (Mt Gilead) Pty Ltd (Sixth Respondent) Representation: Counsel: Ms Josie Walker (Applicant) Ms Penny Murray (solicitor) (First Respondent) Submitting appearance (Second Respondent) Ms Ingrid King (Third and Fourth Respondents) Submitting appearance (Fifth Respondent) Mr Alan Shearer (Sixth Respondent)