Black Hill Residents Group Incorporated v Marist Youth Care Limited (t/as Marist180) (No 4) [2021] NSWLEC 11

Land and Environment Court New South Wales

Medium Neutral Citation: Black Hill Residents Group Incorporated v Marist Youth Care Limited (t/as Marist180) (No 4) [2021] NSWLEC 11 Hearing dates: 1 February 2021 Date of orders: 12 February 2021 Decision date: 12 February 2021 Jurisdiction: Class 4 Before: Pain J Decision: (1) The Applicant's notice of motion dated 7 December 2020 is dismissed. (2) Costs are reserved. Catchwords: PROCEDURE – exercise of discretion whether to allow amendment of summons – no reasonable prospects of success – history of proceedings militates against allowing amendment – notice of motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 64 Environmental Planning and Assessment Act 1979 (NSW) Pt 4, Pt 5 (ss 5.1, 5.5) Newcastle Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 Uniform Civil Procedure Rules 2005 (NSW) r 59.10 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Black Hill Residents Group Incorporated v Marist Youth Care Limited (No 2) [2019] NSWLEC 137 Black Hill Residents Group Incorporated v Marist Youth Care Limited (t/as Marist180) [2020] NSWLEC 82 General Steele Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu [2015] FCA 1098 Category: Procedural rulings Parties: Black Hill Residents Group Incorporated (Applicant) Marist Youth Care Limited (First Respondent) Minister for Families, Communities and Disability Services (Second Respondent) Representation: COUNSEL: T S Hale SC (Applicant) P Tomasetti SC (First Respondent) J McKelvey (Second Respondent)