Malass v Strathfield Municipal Council [2021] NSWLEC 115

Malass v Strathfield Municipal Council [2021] NSWLEC 115

In the interests of justice, the applicant is permitted to rely on the amended plans and documents in relation to the development application, with corresponding adjournment to avoid unfair prejudice to the respondent; the present motion does not constitute an abuse of process as the overriding consideration is what justice requires, and sufficient time will be provided to the Council to consider and respond to the amended material.

Jurisdiction
Australia
Judgment Date
25 October 2021
Procedural Posture
Class 1 Appeal / Interlocutory Motion Regarding Amendment of Plans Prior to Substantive Hearing
Outcome
Motion granted with adjournment; applicant permitted to rely on amended plans and documents in one proceeding; hearing dates vacated and reset; costs reserved pending submissions/agreement.
Legal Topics
['amendment of Development Application Plans' 'notice of Motion' "court's Discretion to Allow Amendments" 'procedural Fairness' 'adjournments']
['planning and Environment Law' 'civil Procedure'] ['amendment of Development Application Plans' 'notice of Motion' "court's Discretion to Allow Amendments" 'procedural Fairness' 'adjournments']

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Procedural Posture

Class 1 Appeal / Interlocutory Motion Regarding Amendment of Plans Prior to Substantive Hearing

Legal Issues

  1. 1 ['Whether the applicant should be permitted to rely on amended plans and documents in Class 1 proceedings despite proximity to hearing date' 'Whether the present motion constituted an abuse of process as a repeat application' 'Whether procedural fairness to the respondent (Council) required adjournment to consider new materials']

Ratio Decidendi

In the interests of justice, the applicant is permitted to rely on the amended plans and documents in relation to the development application, with corresponding adjournment to avoid unfair prejudice to the respondent; the present motion does not constitute an abuse of process as the overriding consideration is what justice requires, and sufficient time will be provided to the Council to consider and respond to the amended material.

Court Disposition

Motion granted with adjournment; applicant permitted to rely on amended plans and documents in one proceeding; hearing dates vacated and reset; costs reserved pending submissions/agreement.

Orders

  • ['In proceedings 2021/00069569: Listings for Onsite View and Hearings on 26 and 27 October 2021 vacated; relisted for 8 and 10 November 2021; agreement of consent authority given to amendment of development application to include amended plans and documents; liberty to apply granted if Council does not lodge...