AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWLEC 76

Land and Environment Court New South Wales

Medium Neutral Citation: AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWLEC 76 Hearing dates: 6 July 2021 Date of orders: 16 July 2021 Decision date: 16 July 2021 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraph 64 Catchwords: PRACTICE AND PROCEDURE – Application for leave to be heard at conciliation conference or hearing under s 38(3) Land and Environment Court Act or as amicus curiae – Court's power to permit non-party to participate in s 34 Conciliation Conference – Leave granted on terms to non-party to participate pursuant to s 38(2) – Unnecessary to determine amicus curiae Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2020] NSWLEC 159 Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 Duke Development v Sutherland Shire Council [2021] NSWLEC 69 M H Earthmoving Pty Ltd v Cootamundra-Gundagai Regional Council [2018] NSWLEC 56 Category: Procedural rulings Parties: AQC Dartbrook Management Pty Ltd (Applicant, First Respondent on the Notice of Motion) Minister for Planning and Public Spaces (First Respondent, Second Respondent on the Notice of Motion) (Submitting Appearance) Hunter Thoroughbred Breeders Association (Second Respondent, Applicant on the Notice of Motion) Representation: Counsel: N Wootton (Applicant, First Respondent on the Notice of Motion) A Stafford (Second Respondent, Applicant on the Notice of Motion)