Seeto - V - Marrickville Council [1999] NSWLEC 70

Land and Environment Court of New South Wales CITATION: Seeto - V - Marrickville Council [1999] NSWLEC 70

PARTIES APPLICANT: SEETO

RESPONDENT: MARRICKVILLE COUNCIL

NUMBER: 10802 of 1998

CORAM: Lloyd J

KEY ISSUES: :- Question of law - amendment of application

LEGISLATION CITED: Question of law - amendment of application

DATES OF HEARING: 02/02/1999

EX TEMPORE JUDGMENT DATE: 02/02/1999

Applicant: P R Clay Solicitors: Adams & Associates LEGAL REPRESENTATIVES: Respondent: G A Christmas Phillips Fox

JUDGMENT: 1. This is the determination of a preliminary question of law raised by the respondent. The determination of the question separately from any other question is made pursuant to the Supreme Court Rules Pt 31 r 2(1) which applies to this Court by dint of the Land and Environment Court Rules Pt 6 r 1(1).

2. T he question of law is framed as follows:

"Whether the application pursuant to s 96 of the Environmental Planning and Assessment Act 1979 the subject of these proceedings may be lawfully amended in the manner sought by the applicant or whether such an amendment must be by way of a new application to the respondent".