Central Coast Council v 422 Pacific Highway Wyong Pty Ltd (No 2) [2018] NSWLEC 97

Central Coast Council v 422 Pacific Highway Wyong Pty Ltd (No 2) [2018] NSWLEC 97

Leave to amend was appropriate because there was a proper question to be tried as to the validity of the second complying development certificate, the second certificate arose only after the proceedings commenced so Council could not be criticised for delay, and the commonality of the works and parties made amendment consistent with the just, quick and cheap resolution of the proceedings. The undertaking proffered by the first and seventh respondents rendered the interlocutory order sought unnecessary and should be reflected in orders binding them until further order.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Class 4 Judicial Review Proceedings Concerning a Complying Development Certificate / Notice of Motion Seeking Leave to Rely on Amended Summons, Interlocutory Orders, and Consequential Service Orders
Outcome
Leave granted to rely on the amended summons; undertaking by the first and seventh respondents accepted and made binding until further order; service directions made; matter stood over for further directions.
Legal Topics
['amendment of Summons' 'complying Development Certificate' 'interlocutory Relief' 'undertaking to the Court' 'case Management']
['practice and Procedure' 'planning and Environmental Law'] ['amendment of Summons' 'complying Development Certificate' 'interlocutory Relief' 'undertaking to the Court' 'case Management']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings Concerning a Complying Development Certificate / Notice of Motion Seeking Leave to Rely on Amended Summons, Interlocutory Orders, and Consequential Service Orders

Legal Issues

  1. 1 ['Whether leave should be granted to rely on an amended summons challenging the validity of a second complying development certificate issued after commencement of the proceedings.' 'Whether interlocutory restraint should be made or resolved by undertakings from the first and seventh respondents concerning importation of fill material.' 'Whether service of the amended summons should be dispensed with for the first and seventh respondents and directed for the other respondents.']

Ratio Decidendi

Leave to amend was appropriate because there was a proper question to be tried as to the validity of the second complying development certificate, the second certificate arose only after the proceedings commenced so Council could not be criticised for delay, and the commonality of the works and parties made amendment consistent with the just, quick and cheap resolution of the proceedings. The undertaking proffered by the first and seventh respondents rendered the interlocutory order sought unnecessary and should be reflected in orders binding them until further order.

Court Disposition

Leave granted to rely on the amended summons; undertaking by the first and seventh respondents accepted and made binding until further order; service directions made; matter stood over for further directions.

Orders

  • ["Leave is granted to rely on the applicant's amended summons annexed to the notice of motion filed 14 June 2018." 'The amended summons is to be served upon each of the second, third, fourth, fifth and sixth respondents within 14 days of this order.' 'In accordance with the undertaking to the Court proffered by each...