David McElhone v Coordinated Logistics Pty Ltd and Ors [2023] NSWLEC 90

Land and Environment Court New South Wales

Medium Neutral Citation: David McElhone v Coordinated Logistics Pty Ltd and Ors [2023] NSWLEC 90 Hearing dates: 21 July 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [35] Catchwords: PRACTICE AND PROCEDURE — Notice of motion to further amend an amended application — Where amendment not prejudicial to respondents — Notice of motion granted Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW), s 4.15 Kiama Development Control Plan 2020 State Environmental Planning Policy (Resilience and Hazards) 2021 (NSW), cl 4.6 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Texts Cited: Managing Land Contamination Planning Guidelines SEPP 55—Remediation of Land Category: Procedural rulings Parties: David McElhone (First Applicant) Melissa McElhone (Second Applicant) Coordinated Logistics Pty Ltd (First Respondent) Enzo Developments Pty Limited (Second Respondent) Kiama Municipal Council (Third Respondent) Representation: Counsel: A Jucha (Applicants) Submitting appearance (First Respondent) J Palmer, solicitor (Second Respondent) Submitting appearance (Third Respondent)