19 Dec 2017
Leave to file a notice of opposition and statement of defence was granted because the delay was short, a satisfactory explanation was provided, and the plaintiff would not suffer prejudice, so the interests of justice required granting leave and adjourning the summary judgment application.
12 Jul 2017
The High Court dismissed the appeal: the Environment Court validly struck out the proposed relief because it did not arise from Plan Change 36 and would unfairly extend the scope beyond public participation; the appellant failed to identify a question of law under s299 and could not show the Environment Court's decision was one no reasonable court could reach; the STEM methodology challenge was not raised in the plan change process and was correctly struck out.
16 Apr 2009
The court declined to award costs and ordered that costs lie where they fall because the plaintiff failed to establish a good arguable cause for two of the three proceedings and the freezing order granted was substantially reduced from the relief sought; although the defendant arguably obtained greater success, shortcomings in the defendant's explanation regarding the Warkworth property weighed against awarding costs to the defendant.