Hodgson v The Hills Shire Council [2022] NSWLEC 73

Land and Environment Court New South Wales

Medium Neutral Citation: Hodgson v The Hills Shire Council [2022] NSWLEC 73 Hearing dates: 7 February 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraph 38 Catchwords: PRACTICE AND PROCEDURE — order 3 seeking leave to amend grounds of appeal — amendment of documents pursuant to s 64 Civil Procedure Act 2005 (NSW) — whether error of law identified that would vitiate decision of Commissioner — no prospects of success found — leave not granted — Applicant to pay costs Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Cases Cited: Cacalot Pty Limited v Sydney City Council (1996) 90 LGERA 424 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Guideline Drafting & Design v Marrickville Municipal Council (1988) 64 LGRA 275 Hodgson v The Hills Shire Council [2021] NSWLEC 1444 Leichhardt Municipal Council v Seatainer Terminals Pty Limited (1981) 48 LGRA 409 Category: Procedural rulings Parties: Brett Hodgson (Appellant) The Hills Shire Council (First Respondent) New South Wales Rural Fire Service (Second Respondent) Representation: Counsel: G N Penhall, solicitor (Appellant) C Novak (First Respondent) L Nurpuri (Second Respondent)