Louisiana Properties Pty Ltd v Hakea Holdings Pty Ltd; Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd (No 2) [2017] NSWLEC 147 — Evidence & Discretion — Barrister AI
Louisiana Properties Pty Ltd v Hakea Holdings Pty Ltd; Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd (No 2)
EVIDENCE - objection to adducing of further evidence - objection said to be based on conclusions in earlier decision in these proceedings - proper understanding of earlier decision did not exclude possibility for further evidence - consent directions for further evidence - late objection to evidence - further evidence permitted
DISCRETION - consideration of relevant principles on exercising discretion - owner of land upon which road is constructed wishes removal of road - road not fit for purpose - road would be impediment to carrying out of landowner’s approved development - order for removal of road at joint cost to adjoining landowner and road construction company
Case Details
Citation[2017] NSWLEC 147
CourtNSWLEC
JurisdictionNew South Wales
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