Gorczynski v Leichhardt Municipal Council & Ors [2002] NSWLEC 72

Gorczynski v Leichhardt Municipal Council & Ors [2002] NSWLEC 72

Because the Court could not determine at the preliminary stage whether the Council's objections to the proposed amendments were valid, leave was granted to file the second further amended application, with the applicant to provide particulars and with the Council entitled to seek strike out and costs if the particulars did not disclose an arguable claim.

Jurisdiction
Australia
Judgment Date
04 March 2002
Procedural Posture
Class 4 Application / Application for Leave to File a Second Further Amended Application; Interlocutory Directions
Outcome
Leave granted for the second further amended application to be filed.
Legal Topics
['leave to Amend' 'declarations' 'jurisdiction' 'particulars' 'strike Out' 'costs']
['land and Environment' 'civil Procedure'] ['leave to Amend' 'declarations' 'jurisdiction' 'particulars' 'strike Out' 'costs']

Case Brief

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Procedural Posture

Class 4 Application / Application for Leave to File a Second Further Amended Application; Interlocutory Directions

Legal Issues

  1. 1 ['Whether leave should be granted to file a second further amended Class 4 application.' 'Whether the proposed claims for declarations served any purpose where the relevant council consent had been surrendered.' "Whether a proposed declaration simpliciter was sufficient to attract the Court's jurisdiction." 'Whether the proposed amendment adequately nominated the relevant standards.']

Ratio Decidendi

Because the Court could not determine at the preliminary stage whether the Council's objections to the proposed amendments were valid, leave was granted to file the second further amended application, with the applicant to provide particulars and with the Council entitled to seek strike out and costs if the particulars did not disclose an arguable claim.

Court Disposition

Leave granted for the second further amended application to be filed.

Orders

  • ['The Court grants leave for the second further amended application to be filed.']