Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1:
1. HER HONOUR: The defendant seeks an order that the plaintiff not be permitted to rely on five expert reports and a lay affidavit, either in whole or part, which were served 'in reply'. The defendant contends that this material is, in truth, further evidence in chief.
2. Alternatively, the defendant seeks the opportunity to reply to this material, together with an order that the plaintiff pay the costs thrown away as a consequence of not serving this material in chief. Further, the defendant seeks an order that these costs be awarded in a lump sum amount, either as agreed or otherwise fixed by the Court on being provided wit...