De Battista v The Minister for Planning and Environment [2018] NSWLEC 30

De Battista v The Minister for Planning and Environment [2018] NSWLEC 30

The late provision of an annotated Atlas Urban report, relevant correspondence, and two Council affidavits dated immediately before the hearing, together with significant differences between versions of the Walsh & Monaghan and Atlas Urban reports, warranted vacating the hearing dates and granting a comparatively modest adjournment so the Applicant's legal representatives could consider any further procedural steps or amendments to the pleadings.

Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Class 4 Proceedings / Adjournment Application to Vacate the Substantive Hearing
Outcome
Adjournment granted and hearing dates vacated.
Legal Topics
['adjournment Application' 'application to Vacate Hearing' 'amendment of Pleadings' 'late Provision of Documents and Affidavits' 'gateway Determination']
['planning and Environment Law' 'civil Procedure'] ['adjournment Application' 'application to Vacate Hearing' 'amendment of Pleadings' 'late Provision of Documents and Affidavits' 'gateway Determination']

Case Brief

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Procedural Posture

Class 4 Proceedings / Adjournment Application to Vacate the Substantive Hearing

Legal Issues

  1. 1 ["Whether the substantive Class 4 hearing should be vacated and adjourned to allow the Applicant's legal representatives further time to consider whether to seek leave to amend the Summons in light of late-provided documents and affidavits."]

Ratio Decidendi

The late provision of an annotated Atlas Urban report, relevant correspondence, and two Council affidavits dated immediately before the hearing, together with significant differences between versions of the Walsh & Monaghan and Atlas Urban reports, warranted vacating the hearing dates and granting a comparatively modest adjournment so the Applicant's legal representatives could consider any further procedural steps or amendments to the pleadings.

Court Disposition

Adjournment granted and hearing dates vacated.

Orders

  • ['The hearing dates are vacated.' "The Council's undertaking proffered earlier in the proceedings remains valid until the completion of the Class 4 hearing." 'Costs of the application for an adjournment are reserved.' 'The matter is stood over before the List Judge on 16 March 2018.']