NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 2) [2007] NSWLEC 817
APPLICANT Gales-Kingscliff Pty Ltd PARTIES : RESPONDENT Tweed Shire Council
FILE NUMBER(S) : 10775 of 2007
CORAM: Preston CJ
KEY ISSUES: Practice and Procedure :- oral motion by Council for leave to amend its statement of facts and contentions to raise further issue after hearing of proceedings - application for leave not in compliance with Practice Note Class 1 - Development Appeals - Council's original statement of facts and contentions did not put in issue that vegetation on subject land was an endangered ecological community - Council previously had opportunity to raise new issue and declined to do so - new issue would involve substantial evidence, time and cost to hear - not conducive to proper case management and not proportionate to allow Council to raise new issue - leave to amend statement of facts and contentions refused
Environmental Planning and Assessment Act 1979 s 97 LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 1 r 5A Threatened Species Conservation Act 1995
CASES CITED: Gales-Kingscliff Pty Ltd v Tweed Shire Council [2007] NSWLEC 683
DATES OF HEARING: 23 November 2007
EX TEMPORE JUDGMENT DATE : 23 November 2007
APPLICANT Mr T Robertson SC SOLICITORS Woolf Associates LEGAL REPRESENTATIVES: RESPONDENT K Gerathy (Solicitor) SOLICITORS Home Wilkinson Lowry
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