Leichhardt Council v Geitonia Pty Ltd (No 5)

Land and Environment Court New South Wales Medium Neutral Citation: Leichhardt Council v Geitonia Pty Ltd (No 5) [2015] NSWLEC 33 Hearing dates:6 March 2015Date of orders: 06 March 2015 Decision date: 06 March 2015 Jurisdiction:Class 5Before: Biscoe J Decision: (1) In relation to the defence of necessity, the prosecution expert and the expert for the defendants Geitonia Pty Ltd and Bill Gertos give evidence concurrently at the end of the prosecution case.(2) Prior to giving their evidence, the experts are to confer in order to identify and report to the Court on any matters on which they agree, and the matters on which they disagree and the reasons for their disagreement. If time permits, they are to reduce their report to the Court to writing. Catchwords: PRACTICE – criminal trial – consent orders that the expert for the prosecution and the expert for defendants give evidence concurrently and confer beforehand in order to identify any matters on which they agree, and any matters on which they disagree and the reasons for their disagreement. Cases Cited: Director-General, Department of Environment and Climate Change v Walker Corporation Pty Ltd (No 3) [2010] NSWLEC 135, (2010) 175 LGERA 160 Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 Category:Procedural and other rulingsParties: 50795 of 2013 Leichhardt Council (Prosecutor) Geitonia Pty Limited (Defendant) 50796 of 2013 Leichhardt Council (Prosecutor) GRC Projects Pty Ltd 135 672 294 (in liq) (Defendant) 50798 of 2013 Leichhardt Council (Prosecutor) Bill Gertos (Defendant) Representation: COUNSEL: 50795...