Smith v Wyong Shire Council and Anor. [2003] NSWLEC 30

> Land and Environment Court of New South Wales

CITATION : Smith v Wyong Shire Council and Anor. [2003] NSWLEC 30 APPLICANT: Smith PARTIES : RESPONDENTS: Wyong Shire Council and Anor. FILE NUMBER(S) : 40034 of 2001 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- leave to re-open case to rely upon further basis for challenging validity of LEP Amendment-Leave granted upon term that Applicants pay Respondent's costs incurred as a result of the re-opening of case. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 05/07/02 EX TEMPORE JUDGMENT DATE : 07/05/2002

APPLICANT: Mr P Tomasetti, Barrister

SOLICITORS: Wilshire Webb FIRST RESPONDENT: Mr R K Graham, Solicitor LEGAL REPRESENTATIVES: SECOND RESPONDENT: N/A

SOLICITORS: FIRST RESPONDENT Abbott Tout SECOND RESPONDENT Dept Urban Affairs & Planning

JUDGMENT:

IN THE LAND AND Matter No. 40034 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 5 July 2002

D. SMITH

Applicant

v

WYONG SHIRE COUNCIL

First Respondent

MINISTER FOR URBAN AFFAIRS AND PLANNING

Second Respondent

JUDGMENT

1. This is a Motion by the Applicant in Class 4 proceedings for leave to amend the further amended points of claim that have been filed in these proceedings. The application, in truth, is an application to re-open the case for the purpose of pleading additional points in a case which was heard by me on 17 June 2002, when the proceedings were concluded save for the submissions in reply by the Applicant. Directions were given for those submissions in reply to be served and filed in Court by the end of that week.