Seek Justice Pty Ltd v Minister for Lands and Water [2024] NSWLEC 108

Seek Justice Pty Ltd v Minister for Lands and Water [2024] NSWLEC 108

No basis was established under r 36.15 or r 36.16 of the UCPR to reconsider Justice Duggan's prior judgment; there was no evidence of bad faith, misapprehension of facts or law, or new factual or legal issues. Relief largely duplicating previously determined matters cannot be granted. Requests for amendment or disclosure not identified with certainty, or sought for future hypothetical applications, will not be granted.

Parties
Applicant: Seek Justice Pty Ltd; First Respondent: Minister for Lands and Water; Second Respondent: Blue Mountains City Council; Third Respondent: Church Missionary Society NSW & ACT Ltd; Fourth Respondent: Minister for Local Government
Jurisdiction
Australia
Judgment Date
18 October 2024
Procedural Posture
Class 4 / Notice of Motion – Procedural Orders
Outcome
Prayers 2, 3, 5, 6, 8-12 dismissed; Prayer 1 granted; Prayer 4 stood over; costs reserved.
Legal Topics
Amendment of Pleadings, Setting Aside Judgment, Jurisdiction, Disclosure of Documents
Civil Procedure Amendment of Pleadings Setting Aside Judgment Jurisdiction Disclosure of Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Seek Justice Pty Ltd

Applicant

Minister for Lands and Water

First Respondent

Blue Mountains City Council

Second Respondent

Church Missionary Society NSW & ACT Ltd

Third Respondent

Minister for Local Government

Fourth Respondent

Procedural Posture

Class 4 / Notice of Motion – Procedural Orders

Legal Issues

  1. 1 Whether the orders of Justice Duggan should be set aside for bad faith or misapprehension of facts
  2. 2 Whether leave should be granted to further amend the summons
  3. 3 Whether provision of further disclosure by Second Respondent is required

Ratio Decidendi

No basis was established under r 36.15 or r 36.16 of the UCPR to reconsider Justice Duggan's prior judgment; there was no evidence of bad faith, misapprehension of facts or law, or new factual or legal issues. Relief largely duplicating previously determined matters cannot be granted. Requests for amendment or disclosure not identified with certainty, or sought for future hypothetical applications, will not be granted.

Court Disposition

Prayers 2, 3, 5, 6, 8-12 dismissed; Prayer 1 granted; Prayer 4 stood over; costs reserved.

Orders

  • Prayer 1 of the amended notice of motion is granted.
  • Prayers 2, 3, 5, 6, 8-12 of the amended notice of motion are dismissed.