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Gibson v Perfect Square Design Pty Ltd

Gibson v Perfect Square Design Pty Ltd

Case [2023] NSWLEC 25

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AGLC: Gibson v Perfect Square Design Pty Ltd [2023] NSWLEC 25
Case: [2023] NSWLEC 25
Decision Date: 21 March 2023

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Orders

Orders of the court

The Court makes the following orders:

(1) The notice of motion filed 23 February 2023 by the applicant seeking leave to adduce expert evidence of visual impact expert Jane Maze-Riley pursuant to r 31.19 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), and seeking that the second and third respondents have leave to adduce expert visual impact evidence, is dismissed.

(2) Costs are reserved.

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Citations

Gibson v Perfect Square Design Pty Ltd [2023] NSWLEC 25

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Shellharbour City Council v Minister for Planning [2011] NSWCA 195
Citation 1 (Para 50)

…J at [8] referred to the Court of Appeal’s consideration of UCPR r 31.19 in Shellharbour City Council v Minister for Planning (2011) 189 LGERA 348; [2011] NSWCA 195 in which Giles JA said (at [35]):…
Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council [2010] NSWCA 145
Citation 2

…icultural Affairs v Eshetu [1999] HCA 21 ; (1999) 197 CLR 611 at [44] (Eshetu); Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council [2010] NSWCA 145 ; (2010) 174 LGERA 67 at [105]. The boundary of manifest unreasonableness is vigilantly guarded by the courts because it lies next to the forbidden terri…
NTD8 v Australian Crime Commission (No 1a) [2008] FCA 1042
Citation 3 (Para 50)

…uncil v Hunter Valley Energy Coal Pty Ltd [2017] NSWLEC 184 at [42] (Preston CJ), citing Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446; [2005] FCA 1707 at [459] (Weinberg J), everything depends on the grounds of review and the circumstances of the case. In DEXUS Funds Management Ltd…
Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707
Citation 4 (Para 50)

…y Energy Coal Pty Ltd [2017] NSWLEC 184 at [42] (Preston CJ), citing Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446; [2005] FCA 1707 at [459] (Weinberg J), everything depends on the grounds of review and the circumstances of the case. In DEXUS Funds Management Ltd v Blacktown City…
Applicant A91 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1388
Citation 5 (Para 43)

…proceeded to make the decision without attempting to obtain that information, consistent with the principle in Prasad v The Minister for Immigration (1985) 6 FCR 155; (1985) 65 ALR 549; [1985] FCA 47 (Wilcox J) ( Prasad ).…
NAFT v Minister for Immigration [2003] FCAFC 254
Citation 6 (Para 44)

…onable body could have made it. It requires “something overwhelming”: Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21 ; (1999) 197 CLR 611 at [44] (Eshetu); Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council [2010] NSWCA 145 ; (2010) 174 LGERA 67 at [105]. The boundary of mani…
Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21
Citation 7

…ble that no reasonable body could have made it. It requires “something overwhelming”: Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21 ; (1999) 197 CLR 611 at [44] (Eshetu); Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council [2010] NSWCA 145 ; (2010) 174 LGERA 67 at [105].…
Prasad v Minister for Immigration and Ethnic Affairs [1998] FCA 47
Citation 8

…77. The discussion in Prasad v Minister for Immigration and Ethnic Affairs [1985] FCA 47, 6 FCR 155 by Wilcox J has proved influential to the recognition that a duty to inquire may arise in limited circumstances and may inform grounds of judicial review comprising or including manifest unreasonableness and c…
Luu & Anor v Renevier [1989] FCA 518
Citation 9

…78. Prasad has been approved and applied in the Federal Court and in the High Court. In Luu v Renevier (1989) 91 ALR 39 the Full Federal Court held that because the information before a decision-maker raised a doubt as to whether a convicted sex offender would re-offend, the decision-maker should have sought additi…
The Commissioner of Taxation of the Commonwealth of Australia v Sahhar, S.B [1985] FCA 47
Citation 10

…the decision where council proceeds to a decision without making any attempt to obtain that information. ( Prasad v The Minister for Immigration 65 ALR 549 at 563, Jacfin Pty Ltd v The Taft Entertainment Company Pty Ltd & Ors No. 40033 of 1985 Stein J 3 October 1985 Unreported and Hale ).…
McElhone v Coordinated Logistics Pty Ltd [2023] NSWLEC 22
Citation 11 (Para 48)

…Recently, on 6 March 2023, Pain J handed down her decision in David McElhone v Coordinated Logistics Pty Ltd [2023] NSWLEC 22 ( McElhone ). There, in Class 4 proceedings, the applicants sought leave to rely on an amended summons, and to adduce expert evidence (coincidentally, also from Ms Maze-Riley) in judicial re…
Filetron Pty Ltd v Innovate Partners Pty Ltd ACN 131 941 145 atf Banton Family Trust 2 [2022] NSWLEC 98
Citation 12 (Para 50)

…As the second and third respondents submitted, as Pain J observed in Filetron Pty Ltd v Innovate Partners [2022] NSWLEC 98 at [35] and [36], referring to Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2017] NSWLEC 184 at [42] (Preston CJ), citing Australian Retailers Association v Reserve Bank of A…
Nature Conservation Council of NSW Inc. v Minister for Water, Property and Housing [2022] NSWLEC 69
Citation 13 (Para 40)

…ant to r 31.19 for expert evidence in judicial review cases, citing Nature Conservation Council of NSW Inc v Minister for Water, Property and Housing [2022] NSWLEC 69 (Pain J) ( Nature Conservation ) at [80], [82], [87]-[93].…
Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2017] NSWLEC 184
Citation 14 (Para 50)

…n Filetron Pty Ltd v Innovate Partners [2022] NSWLEC 98 at [35] and [36], referring to Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2017] NSWLEC 184 at [42] (Preston CJ), citing Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446; [2005] FCA 1707 at [459] (Weinberg J),…
Arnold v Minister Administering the Water Management Act 2000 (No 6) [2013] NSWLEC 73
Citation 15 (Para 46)

…to the judicial review ground of unreasonableness was summarised by Biscoe J in Arnold v Minister Administering the Water Management Act 2000 (No 6) [2013] NSWLEC 73 at [108] as follows:…
Friends of King Edward Park Inc v Newcastle City Council [2012] NSWLEC 113
Citation 16 (Para 55)

…ed on a common law duty to inquire. In particular, the applicant relied on Friends of Kind Edward Park v Newcastle City Council (2012) 194 LGERA 226; [2012] NSWLEC 113 at [82] (Biscoe J) in relation to the alleged duty of inquiry in relation to actual observed view loss impact by taking a site inspection as an eleme…
DEXUS Funds Management Ltd v Blacktown City Council [2011] NSWLEC 156
Citation 17 (Para 50)

…] (Weinberg J), everything depends on the grounds of review and the circumstances of the case. In DEXUS Funds Management Ltd v Blacktown City Council [2011] NSWLEC 156 ( DEXUS Funds Management ) Craig J at [8] referred to the Court of Appeal’s consideration of UCPR r 31.19 in Shellharbour City Council v Minister for…
Prasad v The Minister Administering the Environmental Planning and Assessment Act 1979 [2010] NSWLEC 193
Citation 18 (Para 43)

…relevant to the decision where Council proceeded to make the decision without attempting to obtain that information, consistent with the principle in Prasad v The Minister for Immigration (1985) 6 FCR 155; (1985) 65 ALR 549; [1985] FCA 47 (Wilcox J) ( Prasad ).…
Walsh v Parramatta City Council [2007] NSWLEC 255
Citation 19 (Para 45)

…roper interpretation of the statute (here, s 4.15 of the EPA Act), and that such an inquiry did not occur: Walsh v Parramatta (2007) 161 LGERA 118; [2007] NSWLEC 255 at [60] (Preston CJ). Alternatively, the applicant would have to allege that some aspect that required mandatory consideration was not considered, and…
Tenacity Consulting v Warringah [2004] NSWLEC 140
Citation 20 (Para 12)

…tracted above, Council undertook an assessment of view loss and a consideration of the planning principles in Tenacity Consulting v Warringah Council [2004] NSWLEC 140 ( Tenacity ) in relation to view sharing. The applicant takes issue, through the expert evidence it seeks to adduce, with the application in the asse…

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