Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. On 4 July 2025, Registrar Froh, having heard a notice of motion dated 1 July 2025 filed by the Respondent to this Class 1 proceeding (the Woollahra Municipal Council (the Council)), made (inter alia) the following orders:

"2. The Respondent is granted leave to rely on the expert town planning evidence of Simon Smith.

3. The Respondent's leave to rely on the expert town planning evidence of Stephen McMahon is withdrawn.

4. The Respondent is granted leave to rely on the expert arboricultural evidence of Peter Castor.

5. The Respondent's leave to rely on the expert arboricultural and landscaping evidence of Craig Kenworthy is withdrawn.

6. The short minutes of order granted on 30 May 2025 are varied as follows:

(a) Order 1(a)(i) is varied to read:

Planning and Visual Impact: Robert Chambers (the Applicant's town planning expert) and Simon Smith (the Respondent's town planning expert) are to confer in relation to contentions 3, 5, 6, 9, 10, 11, 12, and 13 and John Aspinall (the Applicant's visual impact expert) and Simon Smith are to confer in relation to contention 4 of the Respondent's Statement of Facts and Contentions under UCPR r 31.24 and prepare a joint expert report.

(b) Order 1(a)(ii) is varied to read:

Planning and Landscaping: Robert Chambers, Simon Smith and William Dangar (the applicant's landscaping expert) are to confer in relation to contention 7 and William Dangar and Peter Castor (the Respondent's arboriculture expert) are to confer in relation to contention 8 of the Respondent's Statement of Facts and Contentions under UCPR r 31.24 and prepare a joint expert report."

2. By notice of motion filed on 21 July 2025, Collette Potter (the Applicant) seeks to vary the orders made by the Registrar pursuant to r 49.19(1) of the Uniform Civil Procedure Rules 2005 (UCPR) such that orders 2 to 6 above are "dismissed".

3. For the reasons that follow, the order sought by the Applicant in her notice of motion should be granted, and the orders made by the Registrar on 4 July 2025 should be set aside.

Hearing and Background Facts

4. At the hearing of the motion before me, the Applicant was represented by Mr P Tomasetti SC. The Council was represented by Mr R Coffey of Counsel. The Court was provided with written submissions by both the Applicant (AWS) and the Council (RWS).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987dbb07d6a5067e3ca141d

Disclaimer: Curated by HT Syndication.