Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 5)

Land and Environment Court New South Wales Medium Neutral Citation: Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 5) [2014] NSWLEC 175 Hearing dates:30 October 2014Decision date: 30 October 2014 Jurisdiction:Class 4Before: Pepper J Decision: Leave granted to rely upon the affidavit of Mr Michael Roderick affirmed 30 October 2014. Catchwords: PRACTICE AND PROCEDURE: application for leave to rely on additional evidence - whether evidence was relevant to central issue for determination - whether admission of evidence so late in the proceedings would prejudice the respondent - leave granted. Legislation Cited: Civil Procedure Act 2005, ss 56-61 Environmental Planning and Assessment Act 1979, s 78A(8)(b) Uniform Civil Procedure Rules 2005, r 31.19 Cases Cited: Friends of Tumblebee Incorporated v ATB Morton Pty Limited [2014] NSWLEC 127 Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 4) [2014] NSWLEC 166 Category:Interlocutory applicationsParties: Friends of Tumblebee Incorporated (Applicant) ATB Morton Pty Limited (First Respondent) Cessnock City Council (Second Respondent) Representation: Mr J Lazarus with Ms J Walker (Applicant) Ms H Irish (First Respondent) Submitting Appearance (Second Respondent) Environmental Defender's Office NSW (Applicant) ATB Morton Pty Limited (First Respondent) Marsdens Law Group (Second Respondent) File Number(s):40027 of 2014 EX TEMPORE JudgmentTumblebee Seeks Leave to Rely on Further EvidenceThis was an application by the applicant, Friends of Tumblebee Incorporated ("Tumblebee"), in Class 4 proceedings currently being heard before the Court, to rely on an affidavit of Mr Michael Roderick, affirmed 30 October 2014. Mr Roderick is an ecologist who is currently...