Mirvac Projects Pty Ltd v Ku-Ring-Gai Municipal Council [2001] NSWLEC 103

Land and Environment Court of New South Wales

CITATION : Mirvac Projects Pty Ltd v Ku-Ring-Gai Municipal Council [2001] NSWLEC 103 APPLICANT: Mirvac Projects Pty Ltd

PARTIES : RESPONDENT: Ku-Ring-Gai Municipal Council

FILE NUMBER(S) : 11173 of 2000 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- Motion by developer for leave to rely upon amended development plans LEGISLATION CITED: Land and Environment Court Rules 1996, Pt 13 r 16(b1) CASES CITED: DATES OF HEARING: 1 May 2001 EX TEMPORE JUDGMENT DATE : 05/01/2001

APPLICANT: Ms J Ware, Solicitor SOLICITORS Coudert Brothers

LEGAL REPRESENTATIVES: RESPONDENT: Ms K O'Hagan, Solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND Matter No. 11173 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 1 May 2001

MIRVAC PROJECTS PTY LTD

Applicant

v

KU-RING-GAI COUNCIL

Respondent

JUDGMENT

Bignold J:

1. This is Motion for leave pursuant to the Rules of Court Pt 13 r 16 par b(1) by the Applicant to a pending Class 1 appeal which has been fixed for hearing on 28 - 31 May 2001 to rely upon amended plans of the development proposal initiated by the Applicant. The Council does not consent to the Applicant's reliance upon the amended plans which are detailed in the affidavit sworn by Jennifer Ware dated 27 April 2001, hence the need for the Motion to the Court for leave. The Council does not only not consent, but opposes the grant of leave.