Smith v Wyong Shire Council and Anor. [2003] NSWLEC 30

Smith v Wyong Shire Council and Anor. [2003] NSWLEC 30

The Court was satisfied that the interests of justice required leave to be given to the Applicant to re-open the case for the purpose of amending his points of claim to allege invalidity of the Local Environmental Plan Amendment on the additional basis of alleged material errors of fact in the s 69 report, but because the amendment was made very late and required re-opening, leave was granted only on terms that the Applicant pay the Respondents' costs reasonably incurred in consequence of the re-opening and amendment.

Jurisdiction
Australia
Judgment Date
05 July 2002
Procedural Posture
Class 4 Proceedings / Motion by the Applicant for Leave to Amend the Further Amended Points of Claim and Re Open the Case
Outcome
Leave granted on terms as to costs.
Legal Topics
['leave to Re Open Case' 'amendment of Points of Claim' 'validity of Local Environmental Plan Amendment' 's 69 Report' 'costs of Re Opening Proceedings']
['practice and Procedure' 'environmental Planning and Assessment'] ['leave to Re Open Case' 'amendment of Points of Claim' 'validity of Local Environmental Plan Amendment' 's 69 Report' 'costs of Re Opening Proceedings']

Case Brief

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Procedural Posture

Class 4 Proceedings / Motion by the Applicant for Leave to Amend the Further Amended Points of Claim and Re Open the Case

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave to re-open the case and amend the Further Amended Points of Claim to allege invalidity of the Local Environmental Plan Amendment based on alleged material errors of fact in the s 69 report.' 'Whether any grant of leave should be conditioned on payment of costs incurred by the Respondents as a result of the late amendment and re-opening.']

Ratio Decidendi

The Court was satisfied that the interests of justice required leave to be given to the Applicant to re-open the case for the purpose of amending his points of claim to allege invalidity of the Local Environmental Plan Amendment on the additional basis of alleged material errors of fact in the s 69 report, but because the amendment was made very late and required re-opening, leave was granted only on terms that the Applicant pay the Respondents' costs reasonably incurred in consequence of the re-opening and amendment.

Court Disposition

Leave granted on terms as to costs.

Orders

  • ['Leave granted to the Applicant to re-open the case and rely upon the Further Amended Points of Claim filed in Court that day.' 'The Applicant is to pay the costs reasonably incurred by the Respondents in consequence of the re-opening of the case and the amending of the Points of Claim.' 'Directions are to be given...