Help Save Mt Gilead Inc v Mount Gilead Pty Ltd (No 3) [2018] NSWLEC 148

Help Save Mt Gilead Inc v Mount Gilead Pty Ltd (No 3) [2018] NSWLEC 148

Leave to amend was refused because the proposed amendment, despite textual narrowing, would put the matter at large and the particulars relied on by the Applicant were in substance effectively the same as the amendment rejected by Molesworth AJ; the application therefore sought to canvass that earlier ruling and there was no basis to permit it.

Jurisdiction
Australia
Judgment Date
20 June 2018
Procedural Posture
Class 4 Proceedings / Application for Leave to Amend Pleadings
Outcome
Application for leave to amend refused.
Legal Topics
['amendment of Pleadings' 'leave to Amend' 'particularisation' 'environmental Planning and Assessment Act 1979, S 35']
['environmental Planning Law' 'civil Procedure'] ['amendment of Pleadings' 'leave to Amend' 'particularisation' 'environmental Planning and Assessment Act 1979, S 35']

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Procedural Posture

Class 4 Proceedings / Application for Leave to Amend Pleadings

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave to further amend its pleadings after an earlier proposed amendment had been rejected.' 'Whether the proposed amendments, although in a different form, were in substance the same as the amendments rejected by Molesworth AJ.' 'Whether the limitation point arising from commencement on the last available day under s 35 of the Environmental Planning and Assessment Act 1979 justified refusing leave.']

Ratio Decidendi

Leave to amend was refused because the proposed amendment, despite textual narrowing, would put the matter at large and the particulars relied on by the Applicant were in substance effectively the same as the amendment rejected by Molesworth AJ; the application therefore sought to canvass that earlier ruling and there was no basis to permit it.

Court Disposition

Application for leave to amend refused.

Orders

  • ['The application for leave to amend further is rejected.']