Tong Joo Pty Ltd v Mosman Council [2001] NSWLEC 87

Land and Environment Court of New South Wales

CITATION : Tong Joo Pty Ltd v Mosman Council [2001] NSWLEC 87 APPLICANT: Ton Joo Pty Ltd PARTIES : RESPONDENT: Mosman Council FILE NUMBER(S) : 11125 of 2000 CORAM: Bignold J KEY ISSUES: Development Application :- Applicant seeking to rely upon amended plans. LEGISLATION CITED: Land and Environment Court Rules 1996, Pt 13 r 16(b1) CASES CITED: DATES OF HEARING: 4 May 2001 EX TEMPORE JUDGMENT DATE : 05/04/2001

APPLICANT: Mr J Cole, Solicitor SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT: Ms J Walsh, Solicitor SOLICITORS Hill Thomson & Sullivan

JUDGMENT:

IN THE LAND AND Matter No. 11125 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 4 May 2001

TONG JOO PTY LIMITED

Applicant

v

MOSMAN COUNCIL

Respondent

JUDGMENT

Bignold J: 1. By Notice of Motion filed 2 May 2001, the Applicant to a pending class 1 proceeding involving an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (EP&A Act) which has been fixed for hearing on 22, 23 and 24 May 2001 seeks leave to rely upon amended plans. Leave is required by the Rules of Court Pt 13, r 16(b1) which relevantly provides:

Where proceedings have been fixed for hearing, the following requirements apply—

(b1) except with the consent of the respondent, or by leave of the Court, the applicant at the hearing shall not be entitled to rely upon any amended plans of the development proposal which the applicant initiates.