Black Hill Residents Group Incorporated v Marist Youth Care Limited (t/as Marist180) (No 4) [2021] NSWLEC 11

Black Hill Residents Group Incorporated v Marist Youth Care Limited (t/as Marist180) (No 4) [2021] NSWLEC 11

The proposed amendment lacks reasonable prospects of success and utility because the FACS Agreement does not constitute an activity approval for a specific parcel of land under the EPA Act, and a valid environmental review was conducted for the activity, which has not been impugned. The procedural history and delay also weigh against granting leave to amend.

Jurisdiction
Australia
Judgment Date
12 February 2021
Procedural Posture
Civil Enforcement Proceedings / Ruling on Motion to Amend Summons
Outcome
Applicant's notice of motion dismissed.
Legal Topics
['amendment of Pleadings' 'judicial Review' 'environmental Assessment' 'development Consent' 'case Management' 'civil Procedure']
['administrative Law' 'planning Law'] ['amendment of Pleadings' 'judicial Review' 'environmental Assessment' 'development Consent' 'case Management' 'civil Procedure']

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Procedural Posture

Civil Enforcement Proceedings / Ruling on Motion to Amend Summons

Legal Issues

  1. 1 ['Whether leave should be granted to file a Third Further Amended Summons' 'Whether the FACS Agreement constitutes an approval under Part 5 of the EPA Act' 'Whether there are reasonable prospects of success for the proposed amendments' 'Whether the amendments would serve the dictates of justice given the history of the proceedings']

Ratio Decidendi

The proposed amendment lacks reasonable prospects of success and utility because the FACS Agreement does not constitute an activity approval for a specific parcel of land under the EPA Act, and a valid environmental review was conducted for the activity, which has not been impugned. The procedural history and delay also weigh against granting leave to amend.

Court Disposition

Applicant's notice of motion dismissed.

Orders

  • ["The Applicant's notice of motion dated 7 December 2020 is dismissed." 'Costs are reserved.']