NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sharples v Minister for Local Government [2008] NSWLEC 308
APPLICANT: Terry Patrick Sharples
FIRST RESPONDENT Minister for Local Government PARTIES : SECOND RESPONDENT: NSW Department of Local Government
THIRD RESPONDENT: Tweed Shire Council
FILE NUMBER(S) : 40959 of 2007
CORAM: Biscoe J
KEY ISSUES: Practice and Procedure :- application for leave to amend points of claim - principles - application made on fifth day of hearing when evidence virtually closed and after relevant witnesses had been cross-examined - prejudice to respondents.
LEGISLATION CITED: Civil Procedure Act 2005, ss 56, 57, 58, 59, 64 Local Government Act 1993, s 508A
Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd [2004] NSWSC 1219 CASES CITED: State of New South Wales v Mulcahy [2006] NSWCA 303 State of Queensland v J L Holdings Pty Ltd [1997] HCA 1, (1997) 189 CLR 146
DATES OF HEARING: 7 November 2008
EX TEMPORE JUDGMENT DATE : 7 November 2008
APPLICANT: Mr T Robertson SC SOLICITORS Woolf Associates
FIRST AND SECOND RESPONDENTS: LEGAL REPRESENTATIVES: Mr M Izzo SOLICITORS Crown Solicitor's Office (NSW)
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