« June 2008 »
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
Entries by Topic
All topics  «
about editor
aust govt
big media
contact us
donations to SAM
election nsw 2007
election Oz 2007
free SAM content
human rights
independent media
local news
nsw govt
nuke threats
publish a story
zero waste
Blog Tools
Edit your Blog
Build a Blog
RSS Feed
View Profile
official indymedia
ecology action Australia
ecology action
Advertise on SAM
details for advertisers
You are not logged in. Log in

sydney alternative media - non-profit community independent trustworthy
Tuesday, 24 June 2008
Coca Cola's nominated, and court appointed expert 'blinks' twice on report deadline?
Mood:  accident prone
Topic: legal

We are doing pro bono work for a community objector in the bottled water extraction case at Peats Ridge Springs. Coca Cola Amatil are cutely known as David Kettle Consulting, their agent, in the legal proceedings, full name David Kettle Consulting v Gosford City Council no. 10429 of 2005, NSW Land & Environment Court (LEC).

What is intriguing is this: The court appointed expert hydrologist Anthony Lane of Melbourne, who right or wrong the local community objectors do actually distrust, has begged off his deadline for reporting on the impact of permanent 66 megalitre per year extraction from Peats Ridge Springs.

As we understand he was due 6th June at a callover at the LEC, which was delayed to 20 June, when an email from him was read out by barrister Nick Eastman representing Coca Cola, as retained by Coca Cola's Yvonne McKay of 71 Circular Quay East, Sydney NSW 2000. He is now due to report after an overseas trip and a delay 'entirely due to other work' he says. What other work? Twice bitten?

The Registrar has now adopted a deadline of 21st July 2008 and further mention on 29th July 2008.

It is fair to say the Registrar of the Land & Environment Court was "concerned". A short email was read from Lane, nominated by Coca Cola as "expert" and agreed to by Gosford City Council, who just happened to fail to warn community objectors for a full month during this phase, contrary to their legal obligations of notification under the Environmental Planning Act. We have the General Manager of GCC in writing admitting this "oversight". This delay meant objectors could not become a party in time to nominate respected experts from Sydney Basin with good reputations on the tricky perched sandstone aquifers here. Something Melbourne doesn't replicate in topography.

As we wrote to the principal of the Environment Defenders Office yesterday:

The big news from the call over last Friday was that the CAE has in my words "blinked" asked for 2nd extension of time because the job is bigger than he realised. This is the guy in 2006 who ticked off greater extraction. He should have all the detail. [We suspect he is] dodging .... because of the experts cross referencing in Neville's (my research) affidavit that exposes him ....... I can smell it - he's worried if Diamond becomes a party we will juxtapose ERM 2004, Dr Marshall 2008 pers comm, and Noel Merrick UTS 2006. The irony is that ERM are CCA's own expert. Love that.
Last Friday we were listed at 10am in the Notice of Motion list, which Notice was actually noted by the registery staff for 9.30am, and after a long wait, despite being first on the list for 10, our own Notice of Motion was heard by about 10.45am, and referred on request by the Registrar in court 1A, level 1, to duty Judge Nicola Pain. At 11.30 am Judge Pain on level 10 agreed to hear our application for joinder as a party or in the alternative as 'an intervenor', which is apparently like a participant but not a full party.
We have to make our submissions in writing by close of business Wednesday 25th June 2008 why we should be a party.
This will then be heard at 4pm on Friday 27th June 2008 and go for an hour or so. In the meantime CCA and GCC lawyers will inform themselves of our 9 page affidavit with 151 pages of attachments the vast majority of which are their own documents they already have and should know about.

Posted by editor at 6:23 AM NZT
Updated: Tuesday, 24 June 2008 7:14 AM NZT

View Latest Entries