Cullen Feng Pty Limited v Woollahra Council [2001] NSWLEC 295

Land and Environment Court of New South Wales

CITATION : Cullen Feng Pty Limited v Woollahra Council [2001] NSWLEC 295 APPLICANT: Cullen Feng Pty Ltd PARTIES : RESONDENT: Woollahra Council FILE NUMBER(S) : 10602 of 2001 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Amendment of development application plans before hearing-Power of Court to permit amendment-Discretionary considerations. LEGISLATION CITED: CASES CITED: Ervin Mahrer and Partners v Strathfield Council (No 2) (2001) 115 LGERA 259 DATES OF HEARING: 23 November 2001 EX TEMPORE JUDGMENT DATE : 11/23/2001

APPLICANT: Ms S Duggan, Barrister SOLICITORS Pike Pike & Fenwick Respondent LEGAL REPRESENTATIVES: RESPONDENT: Ms J Hughes, Solicitor SOLICITORS Phillips Fox

JUDGMENT:

IN THE LAND AND Matter No. 10602 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 23 November 2001

CULLEN FENG PTY LIMITED

Applicant

v

WOOLLAHRA COUNCIL

Respondent

JUDGMENT

Bignold J:

1. By its Notice of Motion filed on 13 November 2001 the Applicant in pending class 1 proceedings in the Court (being a development appeal against the Council's refusal of a development application to carry out development at the premises known as 69 O'Sullivan Road Rose Bay) seeks leave to rely upon amended plans at the hearing of the appeal which has been fixed for 7, 8 and 9 January 2002. Those hearing dates were allocated by the Registrar of the Court at an earlier callover in the proceedings on 25 September 2001.