Penrith City Council v Dincel Construction System Pty Limited and Gaonor Pty Limited [2019] NSWLEC 197

Land and Environment Court New South Wales

Medium Neutral Citation: Penrith City Council v Dincel Construction System Pty Limited and Gaonor Pty Limited [2019] NSWLEC 197 Hearing dates: 29 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [25] Catchwords: NOTICE OF MOTION – whether leave should be granted to the applicant to rely upon an expert report – motion filed shortly before commencement of the hearing of the substantive proceedings – leave granted to the applicant to rely upon expert report – leave granted to the respondents to rely upon further expert evidence in reply Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) s 9.34 Protection of the Environment Operations Act 1997 (NSW) Protection of the Environment Operations (Waste) Regulation 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 31.28 Cases Cited: Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Category: Procedural and other rulings Parties: Penrith City Council (Applicant) Dincel Construction System Pty Limited (First Respondent) Gaonor Pty Limited (Second Respondent) Representation: Counsel: R White (Applicant) H Grace (First and Second Respondents)

Solicitors: Dentons Australia Pty Ltd (Applicant) Addisons (First and Second Respondents) File Number(s): 2019/00157051 Publication restriction: Nil