Botany Bay City Council v Minister for Planning and Infrastructure (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Botany Bay City Council v Minister for Planning and Infrastructure & Ors (No 2) [2014] NSWLEC 101 Hearing dates:17 July 2014Decision date: 17 July 2014 Before: Beech-Jones AJ Decision: Part of Table B to the affidavit of Gilead Chi-Li Chen rejected. Balance admitted. Legislation Cited: - Evidence Act 1995 (NSW), s 50 Cases Cited: - Botany Bay City Council v Minister for Planning and Infrastructure [2014] NSWCA 141 - Re Idylic Solutions Pty Ltd - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 568 Category:Interlocutory applicationsParties: Botany Bay City Council (Applicant) Minister for Planning and Infrastructure (First Respondent) Stateland BKK Pty Ltd (Second Respondent) Prosha Pty Ltd (Third Respondent) Stateland East Pty Ltd (Fourth Respondent) Fifth Respondent: BKK JV Pty Ltd Representation: Counsel: T.S. Hale SC, D. Hume (Applicant) A. Shearer (First Respondent) C.R. Ireland (Second to Fifth Respondents) Solicitors: Houston Dearn O'Connor (Applicant) Department of Planning & Environment (First Respondent) McCulloch Robertson (Second to Fifth Respondents) File Number(s):2013/040953 ex tempore JudgmentApplication by Applicant to read affidavit of Gilead Chi-Li Chen; see transcript p 60The applicant seeks to read an affidavit of Gilead Chi-Li Chen, who is a senior strategic planner. The affidavit annexes two tables. In his affidavit Mr Chen explains how it has been compiled. The background to the reading of this affidavit is that the applicant previously sought leave to adduce expert evidence in an endeavour to demonstrate that the various plans of the development that...