Cessnock City Council v Bimbadgen Estate Pty
Ltd [2011] NSWLEC 136
Introduction
This NSW Land and Environment Court case serves to remind
practitioners that NSW courts are generally reluctant to allow
evidence by way of video link where the evidence is central to a
case and particularly where cross-examination will involve
examination of documents and / or a challenge to credibility.
Background
UCPR 2005 Pt 31 R 31.3 gives courts a broad discretion to allow
evidence and submissions by way of telephone, videolink and other
forms of communication.
In this case the defendant, Bimbadgen Estate Pty Ltd
('Bimbadgen'), had pleaded guilty to carrying out
earthworks on its property without obtaining prior development
consent from the prosecutor, Cessnock City Council ('the
Council') pursuant to local planning laws. The former
general manager of Bimbadgen, a Mr John Quirk, was to give crucial
evidence relevant to Bimbadgen's state of mind at the time
and the
