Bungendore Residents' Group Inc v Palerang Council & Anor (No 2) [2007] NSWLEC 67

Bungendore Residents' Group Inc v Palerang Council & Anor (No 2) [2007] NSWLEC 67

Leave to amend was granted because the proposed amendment added a new ground but not a new cause of action, no further evidence was required to determine the additional legal issue, any disadvantage in the conduct of the litigation could be compensated by costs, s 101 created no greater uncertainty because the Class 4 proceedings had been commenced in time, the later amendment of the local environmental plan was unrelated to the conduct of the hearing, and the interests of justice favoured allowing all matters between the parties to be litigated together.

Jurisdiction
Australia
Judgment Date
15 February 2007
Procedural Posture
Class 4 Proceedings Seeking Declarations of Invalidity of Development Consents / Judgment on Notice of Motion Seeking Leave to Amend the Points of Claim After the Substantive Hearing
Outcome
Notice of Motion allowed; leave to amend granted.
Legal Topics
['leave to Amend Pleadings' 'designated Development' 'development Consents' 'environmental Impact Statement' 'limitation on Challenges to Development Consents']
['practice and Procedure' 'environmental Planning and Assessment'] ['leave to Amend Pleadings' 'designated Development' 'development Consents' 'environmental Impact Statement' 'limitation on Challenges to Development Consents']

Case Brief

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Procedural Posture

Class 4 Proceedings Seeking Declarations of Invalidity of Development Consents / Judgment on Notice of Motion Seeking Leave to Amend the Points of Claim After the Substantive Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Points of Claim to add a ground that the development applications were for designated development, were not accompanied by an environmental impact statement, and the consents were invalid.' 'Whether the amendment would cause prejudice to the Second Respondent that could not be compensated by appropriate orders.' 'Whether s 101 of the Environmental Planning and Assessment Act 1979 or the later amendment of the local environmental plan made the proposed amendment unjust.']

Ratio Decidendi

Leave to amend was granted because the proposed amendment added a new ground but not a new cause of action, no further evidence was required to determine the additional legal issue, any disadvantage in the conduct of the litigation could be compensated by costs, s 101 created no greater uncertainty because the Class 4 proceedings had been commenced in time, the later amendment of the local environmental plan was unrelated to the conduct of the hearing, and the interests of justice favoured allowing all matters between the parties to be litigated together.

Court Disposition

Notice of Motion allowed; leave to amend granted.

Orders

  • ["The orders sought in the Applicant's Notice of Motion dated 27 November 2006 are to be made." 'An amended Points of Claim must be filed within seven (7) days.' 'The parties are to confer and advise the Court of a proposed timetable for written submissions within three days.']