F Hannan (Properties) Pty Ltd v Council of the City of Sydney [2011] NSWLEC 44

Land and Environment Court New South Wales

Medium Neutral Citation: F Hannan (Properties) Pty Ltd v Council of the City of Sydney [2011] NSWLEC 44 Hearing dates: 22 March 2011 Decision date: 29 March 2011 Before: Pepper J Decision: The Court orders: 1.application dismissed with leave to replead the cause of action against the Minister; 2.the applicant to pay the Minister's costs of the application; and 3.within 24 hours the parties are to bring in short minutes of order for the further timetabling of the proceedings, such short minutes to allow for the leave to replead referred to in order 1 above. Catchwords: Procedure:- application for leave to amend and to join the Minister for Planning as a proper party to the proceedings - effect of time limitation if application refused - application refused on the basis that no reasonable cause of action disclosed - leave to replead granted -Minister not joined - applicant to pay Minister's costs Legislation Cited: Civil Procedure Act 2005 ss 56-60, 64 Environment Planning and Assessment Act 1979 ss 4(1), 35, 76(2), 111 State Environmental Planning Policy (Infrastructure) 2007 cls 20(2)(d), 97(1)(c)(iv) State Environmental Planning Policy (Infrastructure) Amendment (Miscellaneous) 2010 Sch 1 cl 4 Land and Environment Court Rules 2007 r 4.2 Uniform Civil Procedure Rules 2005 rr 6.24(1), 14.28, 42.1 Cases Cited: Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (Reg) [1997] HCA 8; (1997) 188 CLR 241 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Leerdam v Noori [2009] NSWCA 90; (2009) 255 ALR 553 Port Stephens Council v SS & LM Johnston Pty Ltd; Port Stephens Council v Port Stephens Veterans and Citizens Aged Care Ltd [2007] NSWLEC 30; (2007) 152 LGERA 193 Category: Procedural and other rulings Parties: F Hannan (Properties) Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Minister for Planning Representation: Mr C McEwen SC with Mr M Staunton (Applicant) Mr S Free (Respondent) Mr J Kirk (Minister for Planning) Gilbert + Tobin Lawyers (Applicant) Council of the City of Sydney (Respondent) Minister for Planning File Number(s): 40669 of2010