Strathfield Municipal Council v Aussie Skips Recycling Pty Ltd [2019] NSWLEC 37

Land and Environment Court New South Wales

Medium Neutral Citation: Strathfield Municipal Council v Aussie Skips Recycling Pty Ltd [2019] NSWLEC 37 Hearing dates: 28 March 2019 Date of orders: 28 March 2019 Decision date: 28 March 2019 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [32]. Catchwords: EVIDENCE: leave sought by first and second respondents to rely upon an affidavit served very late during the course of the hearing – applicable legal principles – reasons given for the delay inadequate - matter to be adjourned part-heard for five months in any event – first and second respondents agreed to pay the costs of the application and any costs thrown away – no real prejudice suffered by the applicant if leave granted in all the circumstances – leave granted – first and second respondent to pay the costs of the application for leave, all of the costs occasioned by the grant of leave, and any costs thrown away, on an indemnity basis. Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58, 60, 61 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46; (2013) 250 CLR 303 Royal Motor Yacht Club (Broken Bay) Pty Ltd v Northern Beaches Council (No 2) [2016] NSWLEC 110 Texts Cited: Category: Procedural and other rulings Parties: Strathfield Municipal Council (Applicant) Aussie Skips Recycling Pty Ltd (First Respondent) Aussie Skips Bin Services Pty Ltd (Second Respondent) ISAS Pty Ltd (Third Respondent) Representation: Counsel: Mr M Wright SC with Mr D Robertson (Applicant) Mr C Ireland with Ms C Novak (First to Second Respondents) Submitting appearance (Third Respondent)