Mosman Municipal Council v Sahade (No. 3) [1999] NSWLEC 202

Land and Environment Court of New South Wales CITATION: Mosman Municipal Council v Sahade (No. 3) [1999] NSWLEC 202

PARTIES APPLICANT: Mosman Municipal Council

RESPONDENT: Sahade

NUMBER: 40171 of 1998

CORAM: Talbot J

KEY ISSUES: Practice & Procedure :- amendment of claim

LEGISLATION CITED:

DATES OF HEARING: 03/01/1999; 03/02/1999

EX TEMPORE JUDGMENT DATE: 03/01/1999

APPLICANT: Mr S Duggan (Barrister)

SOLICITORS: Hill Thompson Sullivan

LEGAL REPRESENTATIVES:

RESPONDENT: Mr M Sahade (Barrister)

SOLICITORS: n/a

JUDGMENT:

IN THE LAND AND Matter No. 40171 of 1998 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 1 March 1999

Mosman Municipal Council Applicant v Anthony Victor Sahade (No. 3) Respondent

REASONS FOR JUDGMENT ON APPLICATION TO AMEND THE FURTHER AMENDED APPLICATION

1. HIS HONOUR: The Court has power under Pt 10 r 1 of the Land and Environment Court Rules and s 68 of the Land and Environment Court Act 1979 (the Court Act) to make such amendments as the Court thinks fit. The power arises where the Court is of the opinion that the amendments are necessary in the interests of justice or such amendments shall lead to the determination of the real questions raised or otherwise, depending on the proceedings, or the correction of any defect or error in any proceedings, or the avoidance of a multiplicity of proceedings.