Seek Justice Pty Ltd v Minister for Lands and Water [2024] NSWLEC 96

Seek Justice Pty Ltd v Minister for Lands and Water [2024] NSWLEC 96

Leave was refused for most new or evaluative amendments and the proposed transfer to the Supreme Court, due to unjustified delay, potential prejudice, lack of proper case management reasons, and because the main proceedings remain within the Court's jurisdiction. Only certain uncontroversial and particularised amendments were permitted, and production of legible copies of specific documents was ordered by consent.

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
25 September 2024
Procedural Posture
Class 4 Proceeding (land and Environment Court) / Notice of Motion—application for Production of Documents, Application for Leave to Amend Summons, and Transfer of Proceedings Prior to Substantive Hearing
Outcome
Applicant partly successful on minor unopposed amendments and document production; otherwise applicant's amended Notice of Motion dismissed.
Legal Topics
Notice of Motion, Amendment of Pleadings, Discovery/production of Documents, Jurisdiction, Transfer of Proceedings, Civil Procedure Act 2005 (nsw), Land and Environment Court Act 1979 (nsw)
Practice and Procedure Administrative Law Notice of Motion Amendment of Pleadings Discovery/production of Documents Jurisdiction Transfer of Proceedings Civil Procedure Act 2005 (nsw) +1 more

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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 Proceeding (land and Environment Court) / Notice of Motion—application for Production of Documents, Application for Leave to Amend Summons, and Transfer of Proceedings Prior to Substantive Hearing

Legal Issues

  1. 1 Whether leave should be granted for production of documents and to amend the further amended summons
  2. 2 Whether proceedings should be transferred to the Supreme Court under s 149B(1) Civil Procedure Act 2005 (NSW)
  3. 3 Whether there was undue delay in making certain applications

Ratio Decidendi

Leave was refused for most new or evaluative amendments and the proposed transfer to the Supreme Court, due to unjustified delay, potential prejudice, lack of proper case management reasons, and because the main proceedings remain within the Court's jurisdiction. Only certain uncontroversial and particularised amendments were permitted, and production of legible copies of specific documents was ordered by consent.

Court Disposition

Applicant partly successful on minor unopposed amendments and document production; otherwise applicant's amended Notice of Motion dismissed.

Orders

  • Second Respondent to provide legible printed copies by post of specified documents previously produced in unreadable PDF format.
  • Applicant granted leave to file further amended summons only to the extent of the uncontested amendments and certain minor particularisation/amendments specified in the orders.