Protect Our Parks Incorporated v Wollongong City Council [2015] NSWLEC 168

Protect Our Parks Incorporated v Wollongong City Council [2015] NSWLEC 168

Leave to amend the summons is granted conditionally upon payment of costs thrown away by reason of the amendment, as the amendments require the respondent to reconsider and respond to additional averments and grounds; there is no evidence to assume the proceedings were brought in the public interest to affect costs.

Jurisdiction
Australia
Judgment Date
23 October 2015
Procedural Posture
Judicial Review / Interlocutory (application for Leave to Amend Summons)
Outcome
Leave to amend summons granted conditionally upon payment of costs; costs of Notice of Motion are third respondent's costs in the proceedings; procedural directions made.
Legal Topics
['leave to Amend Summons' 'costs' 'validity of Development Consent' 'grounds of Challenge' 'public Interest Costs']
['practice and Procedure'] ['leave to Amend Summons' 'costs' 'validity of Development Consent' 'grounds of Challenge' 'public Interest Costs']

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Procedural Posture

Judicial Review / Interlocutory (application for Leave to Amend Summons)

Legal Issues

  1. 1 ['Whether leave should be granted to amend the summons to add grounds of challenge' 'Whether the applicant should pay costs thrown away by reason of amendments' 'Whether costs should be paid forthwith' 'Whether proceedings are brought in the public interest sufficient to affect costs order']

Ratio Decidendi

Leave to amend the summons is granted conditionally upon payment of costs thrown away by reason of the amendment, as the amendments require the respondent to reconsider and respond to additional averments and grounds; there is no evidence to assume the proceedings were brought in the public interest to affect costs.

Court Disposition

Leave to amend summons granted conditionally upon payment of costs; costs of Notice of Motion are third respondent's costs in the proceedings; procedural directions made.

Orders

  • ['Leave to the Applicant to amend its Summons in accordance with the Amended Summons filed in Court today, conditionally upon payment to the Third Respondent of costs thrown away by reason of the amendments in the pleadings made by that Amended Summons (costs to be determined by agreement or as assessed).' "Costs of...