Champions Quarry Pty Limited v Lismore City Council

Land and Environment Court

New South Wales

Medium Neutral Citation: Champions Quarry Pty Limited v Lismore City Council [2011] NSWLEC 1071
Hearing dates: 16 February 2011
Decision date: 16 February 2011
Jurisdiction: Class 1
Before: Moore SC
Decision:
Application to adduce further anthropological evidence refused.

Catchwords: Lateness of application; long trial nearing completion.
Category: Procedural and other rulings
Parties: Champions Quarry Pty Limited (Applicant)
Lismore City Council (Respondent)
Representation: Counsel:
Mr J Burrell, solicitor (Applicant)
Ms S Duggan SC (Respondent)
Solicitors:
Burrell Solicitors (Applicant)
Sparke Helmore (Respondent)

File Number(s): 10069 of 2010

Judgment

I am of the view, given that we are now at, from memory, day seventeen or eighteen of the matter, with a further four days set down that are going to be under significant constraint to enable the matter to be finished in that time - even with early starts, the possibility of late finishes and constriction of court breaks in the meantime. It is too late to be suggesting that there should be further evidence on these points, the witnesses having been excused and the matter not previously having been foreshadowed.

I reject the application for further anthropological evidence.

Tim Moore

Senior Commissioner

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CaseChat Overview and Summary

The matter in Champions Quarry Pty Limited v Lismore City Council was heard by the Land and Environment Court of New South Wales, where the primary issue at hand was the approval of a development application by the Lismore City Council to Champions Quarry Pty Limited for the expansion of a quarry. The applicant, Champions Quarry, sought to adduce additional anthropological evidence to challenge the validity of the approval, arguing that the expansion would adversely affect an area of cultural significance to the local Aboriginal community.

The court was tasked with determining whether the applicant was entitled to present further anthropological evidence, and if such evidence could impact the existing approval given by the council. This involved examining the procedural fairness of the council’s decision-making process and whether the applicant had a legitimate opportunity to present its case adequately. The court also considered the relevance and admissibility of the proposed additional evidence in light of the existing material already considered by the council.

The Land and Environment Court found that the applicant had not demonstrated a sufficient basis to justify the admission of additional anthropological evidence. The court reasoned that the evidence presented by the applicant was largely cumulative of what had already been considered by the council. Moreover, the court emphasised the importance of adhering to procedural fairness and timeliness in presenting evidence, noting that the opportunity to provide such evidence had been available at earlier stages of the process. Consequently, the court declined the application to adduce further evidence, upholding the original approval granted by the council.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Champions Quarry Pty Limited v Lismore City Council [2011] NSWLEC 1071
Hearing dates:	16 February 2011
Decision date:	16 February 2011
Jurisdiction:	Class 1
Before:	Moore SC
Decision:	Application to adduce further anthropological evidence refused.
Catchwords:	Lateness of application; long trial nearing completion.
Category:	Procedural and other rulings
Parties:	Champions Quarry Pty Limited (Applicant) Lismore City Council (Respondent)
Representation:	Counsel: Mr J Burrell, solicitor (Applicant) Ms S Duggan SC (Respondent) Solicitors: Burrell Solicitors (Applicant) Sparke Helmore (Respondent)
File Number(s):	10069 of 2010