Champions Quarry Pty Limited v Lismore City Council

Case

[2011] NSWLEC 1071

16 February 2011


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

  1. 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.

  1. I reject the application for further anthropological evidence.

Tim Moore

Senior Commissioner

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Decision last updated: 25 March 2011

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