Wollongong Coal Ltd v Minister for Planning [2016] NSWLEC 113

Wollongong Coal Ltd v Minister for Planning [2016] NSWLEC 113

Leave to amend was refused because the Applicant bore the onus and had not justified the late amendments. The factual basis for the amendments was known when the Summons was filed, the Applicant had sufficient opportunity to plead its case, the amendments were substantive rather than minor, the new procedural fairness ground would require investigation of the PAC's processes and was not fully particularised, the amended ground 2 would likely require further preparation by the Minister, the Minister would suffer forensic prejudice, and there was an absence of adequate explanation for the delay in seeking leave in circumstances where the parties had proceeded on the basis of an early...

Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Class 4 Judicial Review Proceedings / Notice of Motion Seeking Leave to Amend the Summons
Outcome
The Applicant's Notice of Motion filed 30 August 2016 was dismissed, with the Applicant to pay the First Respondent's costs of the Notice of Motion.
Legal Topics
['amendment of Summons' 'judicial Review' 'procedural Fairness' 'case Management' 'planning Approval Review']
['civil Procedure' 'planning and Environment'] ['amendment of Summons' 'judicial Review' 'procedural Fairness' 'case Management' 'planning Approval Review']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings / Notice of Motion Seeking Leave to Amend the Summons

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Summons to add an amended ground 2 and a new ground 3 shortly before the listed hearing dates.' 'Whether the proposed amendments would disrupt the hearing timetable and cause forensic prejudice to the First Respondent.' 'Whether the Applicant had adequately explained the delay in seeking leave to amend.']

Ratio Decidendi

Leave to amend was refused because the Applicant bore the onus and had not justified the late amendments. The factual basis for the amendments was known when the Summons was filed, the Applicant had sufficient opportunity to plead its case, the amendments were substantive rather than minor, the new procedural fairness ground would require investigation of the PAC's processes and was not fully particularised, the amended ground 2 would likely require further preparation by the Minister, the Minister would suffer forensic prejudice, and there was an absence of adequate explanation for the delay in seeking leave in circumstances where the parties had proceeded on the basis of an early...

Court Disposition

The Applicant's Notice of Motion filed 30 August 2016 was dismissed, with the Applicant to pay the First Respondent's costs of the Notice of Motion.

Orders

  • ["The Applicant's Notice of Motion filed 30 August 2016 is dismissed." "The Applicant is to pay the First Respondent's costs of the Notice of Motion filed 30 August 2016."]