Samcourt Pty Ltd v Inner West Council (No 2) [2017] NSWLEC 169

Samcourt Pty Ltd v Inner West Council (No 2) [2017] NSWLEC 169

Given the joint position of the parties, the interests of justice, the legislative context, and the beneficial nature of the amendment power, the orders of the Registrar are set aside and leave is granted to rely upon amended plans and documents. The applicant is to pay certain costs and the hearing dates are vacated.

Parties
Applicant: Samcourt Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Review of Registrar's Decision (class 1) / Interlocutory (review of Procedural Decision)
Outcome
Registrar's orders set aside; leave granted to rely on amended plans; hearing dates vacated; costs orders made against applicant.
Legal Topics
Review of Registrar's Decision, Amendment of Development Proposal, Vacation of Hearing Dates, Costs
Practice and Procedure Planning and Environment Review of Registrar's Decision Amendment of Development Proposal Vacation of Hearing Dates Costs

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Parties

Samcourt Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Review of Registrar's Decision (class 1) / Interlocutory (review of Procedural Decision)

Legal Issues

  1. 1 Whether leave should be granted to applicant to rely on amended plans and documents
  2. 2 Whether the Registrar erred in refusing leave
  3. 3 Whether procedural fairness was denied to the applicant

Ratio Decidendi

Given the joint position of the parties, the interests of justice, the legislative context, and the beneficial nature of the amendment power, the orders of the Registrar are set aside and leave is granted to rely upon amended plans and documents. The applicant is to pay certain costs and the hearing dates are vacated.

Court Disposition

Registrar's orders set aside; leave granted to rely on amended plans; hearing dates vacated; costs orders made against applicant.

Orders

  • The orders made by the Registrar on 4 December 2017 are set aside.
  • Leave is granted to the Applicant to rely on the specified amended plans and documents.