Rory Developments Pty Limited v South Sydney City Council [2004] NSWLEC 236

Rory Developments Pty Limited v South Sydney City Council [2004] NSWLEC 236

Leave to file the Amended Statement of Issues was granted because changes following council amalgamation and further re-exhibition led new planners to raise substantial concerns about a large development, and at this stage of the proceedings it was appropriate to allow those merit issues to be raised. The hearing date was vacated as a consequence. Given the lateness of the amendment, the Respondent was ordered to pay the Applicant's costs of the Notice of Motion, while costs thrown away were reserved.

Jurisdiction
Australia
Judgment Date
04 May 2004
Procedural Posture
Class 1 Proceedings / Respondent's Notice of Motion Seeking Leave to File an Amended Statement of Issues, Vacation of the Hearing Date, and Consequential Timetable Orders
Outcome
Notice of Motion granted in part; leave to file Amended Statement of Issues granted; hearing date vacated; costs of the Notice of Motion awarded to the Applicant; costs thrown away reserved.
Legal Topics
['leave to File Amended Statement of Issues' 'vacation of Hearing Date' 'costs of Notice of Motion' 'costs Thrown Away']
['practice and Procedure' 'planning and Environment'] ['leave to File Amended Statement of Issues' 'vacation of Hearing Date' 'costs of Notice of Motion' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Proceedings / Respondent's Notice of Motion Seeking Leave to File an Amended Statement of Issues, Vacation of the Hearing Date, and Consequential Timetable Orders

Legal Issues

  1. 1 ['Whether the Respondent should be granted leave to file an Amended Statement of Issues.' 'Whether the hearing date should be vacated and a new timetable made.' 'Whether costs should be ordered in relation to the Notice of Motion and costs thrown away.']

Ratio Decidendi

Leave to file the Amended Statement of Issues was granted because changes following council amalgamation and further re-exhibition led new planners to raise substantial concerns about a large development, and at this stage of the proceedings it was appropriate to allow those merit issues to be raised. The hearing date was vacated as a consequence. Given the lateness of the amendment, the Respondent was ordered to pay the Applicant's costs of the Notice of Motion, while costs thrown away were reserved.

Court Disposition

Notice of Motion granted in part; leave to file Amended Statement of Issues granted; hearing date vacated; costs of the Notice of Motion awarded to the Applicant; costs thrown away reserved.

Orders

  • ["The Respondent Council is granted leave to file an Amended Statement of Issues in the form of that annexed to the Respondent's Notice of Motion filed on 27 April 2004." 'The hearing date of 24 May 2004 is vacated.' 'The proceedings are to be listed before the Registrar on 5 May 2004 for the allocation of a new...