Diab v Cavasinni (No 2) [2020] NSWLEC 32

Land and Environment Court New South Wales

Medium Neutral Citation: Diab v Cavasinni (No 2) [2020] NSWLEC 32 Hearing dates: 25 March 2020; 17 April 2020 Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [45] Catchwords: ENVIRONMENT AND PLANNING — Land and Environment Court — Practice and procedure — Notice of Motion — Leave sought to adduce expert evidence — Leave refused Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) s 4.55 Cases Cited: Diab v Cavasinni [2019] NSWLEC 204 Category: Procedural and other rulings Parties: Dolly Diab (Applicant) Maria Cavasinni (First Respondent) Francesco Cavasinni (Second Respondent) Cavcorp Australia Pty Limited (Third Respondent) Representation: Counsel: J Hutton (Applicant) J Doyle with R Kumar (Respondents)

Solicitors: Sparke Helmore (Applicant) DC Balog and Associates (Respondents) File Number(s): 2017/00379855 Publication restriction: Nil

Judgment 1. Before the Court is a notice of motion dated 16 April 2020 filed on behalf of Maria Cavasinni, Francesco Cavasinni and Cavcorp Australia Pty Ltd, who are the respondents in Class 4 proceedings presently part heard before me. Although applicants in the present motion, for clarity, I will refer to Mr and Mrs Cavasinni and Cavcorp Australia collectively as the 'respondents'. The motion seeks the following primary order: "1 The Respondents are granted leave to adduce in the proceedings the expert report of Shahzada Rizvi, geotechnical engineer of E I Australia in these proceedings." 1. The applicant in the substantive proceedings, Dolly Diab, opposes the relief sought in the motion.