Minister Administering the Environmental Planning and Assessment Act 1979 v Bautovich

The Minister administering the *Environmental Planning and Assessment Act 1979* (NSW) appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court. The dispute concerned the compulsory acquisition of land owned by Mr. Bautovich.

The primary legal issue before the Court of Appeal was whether an agreement reached between the parties' respective expert witnesses, which defined the issues in dispute, was binding on the Land and Environment Court. The Minister argued that the Court was not bound by this agreement and should have considered a broader range of issues.

The Court of Appeal held that the agreement between the experts was not binding on the Court. However, it found that the parties had conducted themselves at trial on the basis that the issues defined by the experts were the only issues to be determined. Consequently, the Minister was bound by this conduct at trial and could not raise new issues on appeal. The Court concluded that there was no question of principle involved and dismissed the appeal.