Friends of Tumblebee Incorporated v ATB Morton Pty Limited [2014] NSWLEC 127

Friends of Tumblebee Incorporated v ATB Morton Pty Limited [2014] NSWLEC 127

Leave was granted to amend as there was no substantive prejudice to the respondent, the amendment facilitated the just resolution of the real issues in accordance with the overriding purpose of the CPA, and the reasons for delay were adequately explained.

Parties
Applicant: Friends of Tumblebee Incorporated; First Respondent: ATB Morton Pty Limited; Second Respondent: Cessnock City Council
Jurisdiction
Australia
Judgment Date
20 August 2014
Procedural Posture
Interlocutory Application / Application for Leave to Amend Originating Process
Outcome
Leave granted to applicant to file further amended summons; costs reserved.
Legal Topics
Amendment of Originating Process, Costs in Public Interest Litigation, Jurisdictional Error, Species Impact Statement, Development Application Process
Environmental Law Civil Procedure Amendment of Originating Process Costs in Public Interest Litigation Jurisdictional Error Species Impact Statement Development Application Process

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Parties

Friends of Tumblebee Incorporated

Applicant

ATB Morton Pty Limited

First Respondent

Cessnock City Council

Second Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Amend Originating Process

Legal Issues

  1. 1 Whether leave should be granted to amend the amended summons
  2. 2 Whether applicant to pay the costs of the application
  3. 3 Whether proceedings are public interest litigation justifying different costs approach

Ratio Decidendi

Leave was granted to amend as there was no substantive prejudice to the respondent, the amendment facilitated the just resolution of the real issues in accordance with the overriding purpose of the CPA, and the reasons for delay were adequately explained.

Court Disposition

Leave granted to applicant to file further amended summons; costs reserved.

Orders

  • Leave is granted to the applicant to file in Court its further amended summons dated 20 August 2014.
  • Leave is granted to the first respondent to file and serve by 4pm on 21 August 2014, an amended response to the further amended summons.