Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority

Walker Corporation Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court. The dispute concerned the appellant's development of land at Cockle Bay, Sydney, and the respondent's role in managing the foreshore. The appeal arose from an interlocutory ruling by the Land and Environment Court that rejected a proposed amendment to the appellant's pleading and refused to hear further evidence.

The central legal issues before the Court of Appeal were whether the Land and Environment Court had the power to refuse to allow the appellant to amend its pleading, and whether it had the power to refuse to hear further evidence, particularly in circumstances where the matter had been remitted to the Court following an earlier appeal and the court was differently constituted. The Court also considered the nature of the appeal under section 57 of the *Land and Environment Court Act 1979* (NSW), specifically whether it was an appeal on a question of law.

The Court of Appeal held that the Land and Environment Court had the power to refuse the proposed amendment to the pleading, as it was not a rejected basis of valuation but rather an attempt to introduce a new basis of valuation after the original basis had been determined. Furthermore, the Court found that the Land and Environment Court had the power to refuse to hear further evidence under section 38 of the *Land and Environment Court Act 1979* (NSW), and that this power had been properly exercised in the circumstances. The Court reasoned that the scope of the remitter did not mandate a complete rehearing or reopening of the matter, and that the differently constituted court was entitled to manage the proceedings and limit the evidence presented.

The appeal was dismissed, and Walker Corporation Pty Ltd was ordered to pay the respondent's costs of the proceedings in the Court of Appeal.