Gregory v Central Coast Council [2016] NSWLEC 1481

Gregory v Central Coast Council [2016] NSWLEC 1481

The proposed amendment to the modification application so significantly changed the original modification application that it constituted a new modification application, which is outside the Court's power to permit via amendment. Therefore, leave to amend was refused and the Notice of Motion dismissed.

Jurisdiction
Australia
Judgment Date
20 October 2016
Procedural Posture
Class 1 / Notice of Motion Regarding Amendment of Modification Application
Outcome
Notice of Motion dismissed
Legal Topics
['amendment of Modification Applications' 'development Consent Modifications' 'power to Amend Applications']
['planning Law' 'environmental Law'] ['amendment of Modification Applications' 'development Consent Modifications' 'power to Amend Applications']

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Procedural Posture

Class 1 / Notice of Motion Regarding Amendment of Modification Application

Legal Issues

  1. 1 ['Whether the proposed amendment to the modification application constitutes a new modification application' 'Whether the Court has power to grant leave to amend the modification application']

Ratio Decidendi

The proposed amendment to the modification application so significantly changed the original modification application that it constituted a new modification application, which is outside the Court's power to permit via amendment. Therefore, leave to amend was refused and the Notice of Motion dismissed.

Court Disposition

Notice of Motion dismissed

Orders

  • ['The Notice of Motion filed by the Applicant on 11 October 2016 is dismissed.' "The applicants pay the respondent's costs of the Notice of Motion filed 11 October 2016 as agreed or assessed, unless the one or both of the parties seek to exercise liberty to restore the question of costs to the list, which is granted...