Botany Bay City Council v Minister For Planning and Infrastructure (No 2) [2014] NSWLEC 80

Botany Bay City Council v Minister For Planning and Infrastructure (No 2) [2014] NSWLEC 80

Leave is granted to amend Points of Claim except for those relying on ss 75I(2)(g) and 75J(2)(a), or State Environmental Planning Policy No 65, as such amendments are precluded by Schedule 6A cl 3D of Environmental Planning and Assessment Act 1979 and SEPP 65 does not apply to Part 3A approvals; delay in seeking amendment is not a bar as it was sufficiently explained and amendments will not cause prejudice, delay, or increased costs.

Parties
Applicant: Botany Bay City Council; First Respondent: Minister for Planning and Infrastructure; Second Respondent: Stateland BKK Pty Limited; Third Respondent: Prosha Pty Limited; Fourth Respondent: Stateland East Pty Limited; Fifth Respondent: BKK JV Pty Limited
Jurisdiction
Australia
Judgment Date
20 June 2014
Procedural Posture
Judicial Review / Contested Motion for Leave to Amend Points of Claim
Outcome
Leave granted to file Amended Points of Claim with specified exclusions and directions on costs.
Legal Topics
Amendment of Pleadings, Project Approval, Delegation of Statutory Functions, Application of SEPP 65, Judicial Review Grounds
Environmental Law Administrative Law Civil Procedure Amendment of Pleadings Project Approval Delegation of Statutory Functions Application of SEPP 65 Judicial Review Grounds

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Botany Bay City Council

Applicant

Minister for Planning and Infrastructure

First Respondent

Stateland BKK Pty Limited

Second Respondent

Prosha Pty Limited

Third Respondent

Stateland East Pty Limited

Fourth Respondent

BKK JV Pty Limited

Fifth Respondent

Procedural Posture

Judicial Review / Contested Motion for Leave to Amend Points of Claim

Legal Issues

  1. 1 Whether leave should be granted to amend Points of Claim after trial dates fixed
  2. 2 Whether amendments based on ss 75I(2)(g) and 75J(2)(a) of Environmental Planning and Assessment Act 1979 are valid in light of transitional arrangements
  3. 3 Whether Condition B2 imposed by the Minister is invalid due to uncertainty and/or impermissible delegation

Ratio Decidendi

Leave is granted to amend Points of Claim except for those relying on ss 75I(2)(g) and 75J(2)(a), or State Environmental Planning Policy No 65, as such amendments are precluded by Schedule 6A cl 3D of Environmental Planning and Assessment Act 1979 and SEPP 65 does not apply to Part 3A approvals; delay in seeking amendment is not a bar as it was sufficiently explained and amendments will not cause prejudice, delay, or increased costs.

Court Disposition

Leave granted to file Amended Points of Claim with specified exclusions and directions on costs.

Orders

  • Applicant granted leave to file Amended Points of Claim in the form annexed to the affidavit of Timothy James O'Connor dated 4 June 2014 except for paragraphs 24A(a), 24C(b), 27A(b) and 27A(c), and with the addition in paragraph 24A(b) of the words 'Director-General was satisfied that the' before the word 'project'.
  • Applicant to pay respondents' costs of applicant's notice of motion filed on 4 June 2014 and respondents' costs thrown away by reason of the amendments.