Benyon v City of Canada Bay Council [2021] NSWLEC 122

Land and Environment Court New South Wales

Medium Neutral Citation: Benyon v City of Canada Bay Council [2021] NSWLEC 122 Date of orders: 4 November 2021 Decision date: 04 November 2021 Jurisdiction: Class 1 Before: Pain J Decision: The Court orders: (1) The Applicant's notice of motion dated 26 October 2021 is dismissed. (2) Costs are reserved. Catchwords: PROCEDURE – review of Registrar's decision under r 49.19 Uniform Civil Procedure Rules 2005 refusing leave to rely on amended development plans dismissed Legislation Cited: Canada Bay Local Environmental Plan 2013 Land and Environment Court Act 1979 (NSW) ss 22, 34 Uniform Civil Procedure Rules 2005 (NSW) r 49.19 Cases Cited: Elanor Investors Limited v Sydney Zoo Pty Ltd (No 2) [2019] NSWLEC 121 Groeneveld v Wollongong City Council (2009) 168 LGERA 260; [2007] NSWLEC 149 Samcourt Pty Ltd v Inner West Council (No 2) [2017] NSWLEC 169 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Procedural rulings Parties: Scott Benyon (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) M Cottom, solicitor (Respondent)

Solicitors: Harrington Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2021/127

Judgment 1. The Applicant has filed a notice of motion dated 26 October 2021 seeking a review of the Registrar's decision on 19 August 2021 pursuant to r 49.19 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) refusing leave to the Applicant to file amended plans in support of its residential flat development inter alia. This matter is presently set down for hearing very soon on 10-11 November 2021. The Respondent, the City of Canada Bay Council (the Council), opposed the motion.