Botany Bay City Council v Minister for Planning and Infrastructure

[2014] NSWCA 141

NSW Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Expert evidence
3. › Leave to adduce expert evidence
4. › Whether evidence 'reasonably required' to resolve proceedings
5. › Expert evidence in judicial review proceedings addressing merits rather than legality
6. › Uniform Civil Procedure Rules 2005 (NSW), r 31.19
1. Practice and Procedure
2. › Judgments and orders
3. › Statement of reasons for decision
4. › Adequacy of reasons for interlocutory decisions
5. › Whether reasons adequate for decision on matter of practice and procedure
1. Practice and Procedure
2. › Interlocutory orders
3. › Leave to appeal
4. › Discretionary interlocutory decision on practice and procedure
5. › Whether issue of principle, question of general importance, or reasonably clear injustice
6. › Land and Environment Court Act 1979 (NSW), s 58(3)(b)
1. Administrative Law
2. › Judicial review
3. › Evidence in judicial review proceedings
4. › Expert evidence directed to merits of decision rather than legality
5. › Whether expert evidence admissible or reasonably required in judicial review

Quick Take

Expert evidence in judicial review proceedings that addresses the merits of the decision under review, rather than the legality of the decision-making process, is not 'reasonably required' within the meaning of UCPR r 31.19 and leave to adduce such evidence may properly be refused. Expert evidence is not required to prove matters that can be readily discerned from documents.