Chief Executive of the Office of Environment and Heritage v Turnbull (No 3)

Land and Environment Court New South Wales Case Title: Chief Executive of the Office of Environment and Heritage v Turnbull (No 3) Medium Neutral Citation: [2014] NSWLEC 181 Hearing Date(s): 14 November 2014 Decision Date: 14 November 2014 Jurisdiction: Class 4 Before: Craig J Decision: 1. By consent, make orders in accordance with the Short Minutes of Order, initialled by me and placed with the papers. 2. Note the proceedings are listed for final hearing on 3 to 6 March 2015. Catchwords: PRACTICE AND PROCEDURE - application to vacate hearing dates - expert witness retained by respondent no longer available to give evidence - alternative experts retained by respondent - failure of respondent to provide full instructions to his legal advisers - application not opposed by applicant - interests of justice - application granted Legislation Cited: Native Vegetation Act 2003 (NSW) Cases Cited: Chief Executive of the Office of Environment and Heritage v Turnbull (No 2) [2014] NSWLEC 155 Category: Procedural and other rulings Parties: Chief Executive of the Office of Environment and Heritage (Applicant) Grant Wesley Turnbull (Respondent) Representation - Counsel: D Jordan SC (Applicant) T Alexis SC (Respondent) - Solicitors: Legal Department, Office of Environment and Heritage (Applicant) Cole & Butler Solicitors (Respondent) File Number(s): 40763 of 2014 EX TEMPORE JUDGMENTThese are Class 4 proceedings that have been set down for a five day hearing to commence on 1 December next. That hearing was fixed following a successful application made by the Applicant for interlocutory relief, resulting in...