Williams v NSW Minister for Planning (No 2) [2010] NSWLEC 203

Land and Environment Court of New South Wales

CITATION : Williams v NSW Minister for Planning (No 2) [2010] NSWLEC 203

APPLICANT: Neville "Chappie" Williams

PARTIES : FIRST RESPONDENT: NSW Minister for Planning

SECOND RESPONDENT: Barrick (Cowal) Ltd

FILE NUMBER(S) : 40890 of 2009

CORAM: Biscoe J

KEY ISSUES: PRACTICE AND PROCEDURE :- application to amend pleading during the hearing – application refused.

LEGISLATION CITED: Civil Procedure Act 2005, ss 56-58

DATES OF HEARING: 13 September 2010

EX TEMPORE JUDGMENT DATE : 13 September 2010

APPLICANT: Mr A Oshlack, agent SOLICITORS n/a

FIRST RESPONDENT: LEGAL REPRESENTATIVES: Ms A Mitchelmore, barrister SOLICITORS Department of Planning

SECOND RESPONDENT: Mr N J Williams SC with Mr C R Ireland, barrister SOLICITORS Blake Dawson

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

13 September 2010

40890 of 2009

WILLIAMS v NEW SOUTH WALES MINISTER FOR PLANNING & ANOR

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an application to amend the Points of Claim made on the first day of the hearing of judicial review proceedings challenging the validity of modifications to a development consent for the Cowal Gold Mine. 2 Earlier this morning I rejected the applicant's tender of a document entitled "Cowal Gold Project Indigenous Archaeology and Cultural Heritage Management Plan" on the ground, inter alia, that it did not relate to any pleaded issue. The applicant now seeks leave to amend its Points of Claim by adding the following: "The Minister considered an irrelevant matter and/or gave relevance to a factual matter when that fact did not exist.