Rossi v Living Choice Australia Limited t/as Living Choice (No 2) [2012] NSWLEC 144

Rossi v Living Choice Australia Limited t/as Living Choice (No 2) [2012] NSWLEC 144

Leave to further amend the summons and points of claim (other than proposed paragraph 47) was granted because the prejudice to the respondents was not sufficient to outweigh the applicant's right to have all real issues determined and because the amendments were timely enough not to affect hearing dates. Leave to adduce expert surveying evidence was granted as it was necessary for the new factual matters. Application for electronic service was refused due to lack of consent or formal address for such service. Applicant ordered to pay respondents' costs thrown away by the amendments; other costs to be costs in the cause.

Parties
Applicant: Anthony Rossi; First Respondent: Living Choice Australia Ltd t/as Living Choice; Second Respondent: The Hills Shire Council; Third Respondent: Joint Regional Planning Panel (Sydney West Region)
Jurisdiction
Australia
Judgment Date
26 June 2012
Procedural Posture
Judicial Review/procedural Interlocutory / Interlocutory Ruling on Notice of Motion to Amend Pleadings and Related Orders
Outcome
Leave to amend the summons and points of claim (except proposed paragraph 47) and to adduce expert surveying evidence granted; application for electronic service refused.
Legal Topics
Amendment of Pleadings, Leave to Adduce Expert Evidence, Service of Documents, Costs Orders, Mediation, Planning and Development Consent, Jurisdiction
Practice and Procedure Judicial Review Planning Law Amendment of Pleadings Leave to Adduce Expert Evidence Service of Documents Costs Orders Mediation +2 more

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Parties

Anthony Rossi

Applicant

Living Choice Australia Ltd t/as Living Choice

First Respondent

The Hills Shire Council

Second Respondent

Joint Regional Planning Panel (Sydney West Region)

Third Respondent

Procedural Posture

Judicial Review/procedural Interlocutory / Interlocutory Ruling on Notice of Motion to Amend Pleadings and Related Orders

Legal Issues

  1. 1 Whether leave to amend the summons and points of claim should be granted
  2. 2 Whether leave to adduce expert surveying evidence should be granted
  3. 3 Whether documents should be served by electronic transmission

Ratio Decidendi

Leave to further amend the summons and points of claim (other than proposed paragraph 47) was granted because the prejudice to the respondents was not sufficient to outweigh the applicant's right to have all real issues determined and because the amendments were timely enough not to affect hearing dates. Leave to adduce expert surveying evidence was granted as it was necessary for the new factual matters. Application for electronic service was refused due to lack of consent or formal address for such service. Applicant ordered to pay respondents' costs thrown away by the amendments; other costs to be costs in the cause.

Court Disposition

Leave to amend the summons and points of claim (except proposed paragraph 47) and to adduce expert surveying evidence granted; application for electronic service refused.

Orders

  • Leave to amend the summons and points of claim (other than proposed paragraph 47) granted.
  • Leave to adduce expert surveying evidence granted (limited as described).