Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 3) [2020] NSWLEC 40

Land and Environment Court New South Wales

Medium Neutral Citation: Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 3) [2020] NSWLEC 40 Hearing dates: 22 April 2020 Date of orders: 27 April 2020 Decision date: 27 April 2020 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [32]. Catchwords: EVIDENCE: Verde Terra parties object to affidavits, including expert evidence, filed and served by Central Coast Council after hearing adjourned part-heard – whether late affidavits fell within the scope of an order permitting further evidence to be filed by the Council "in response to" affidavits filed by Verde Terra parties - whether in the alternative leave ought to be granted to the Council to rely on the affidavits – whether leave would cause forensic disadvantage to Verde Terra parties – whether leave would cause further expense and necessitate additional hearing time - objection upheld, leave denied. Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58, 59, 60 Uniform Civil Procedure Rules 2005, rr 31.19, 59.10 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 The Owners Strata Plan No 57164 v Yau [2017] NSWCA 341; (2017) 96 NSWLR 587 Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 2) [2020] NSWLEC 10 Category: Procedural and other rulings Parties: Proceedings 2019/101279 Verde Terra Pty Ltd (Applicant/First Cross Respondent) Central Coast Council (Respondent/Cross Claimant) Environment Protection Authority (Second Respondent) Mangrove Mountain Landfill Pty Ltd (Second Cross Respondent) Mangrove Properties (NSW) Pty Ltd (Third Cross Respondent)