El Boustani v Minister Administering the Environmental Planning and Assessment Act 1979 [2011] NSWLEC 214

Land and Environment Court New South Wales

Medium Neutral Citation: El Boustani v Minister Administering the Environmental Planning and Assessment Act 1979 [2011] NSWLEC 214 Hearing dates: 16 November 2011 and 17 November 2011 Decision date: 17 November 2011 Jurisdiction: Class 3 Before: Pepper J Decision: The orders of the Court are as follows: (1) the respondent is granted leave to file its further amended points of defence dated 11 November 2011; (2) the town planners are to meet, confer and prepare any further joint report as a consequence of the amendment by no later than 4.00pm 22 November 2011 in relation to: (a) the likely hood of consent been granted for the carrying out of intensive plant agriculture on the land after 16 June 2012 (being the date of the lapse of the 2007 consent); and (b) the likely hood of the land being able to be used for intensive plant agriculture after 16 June 2012 without the benefit of development consent; (3) the applicants are to inform the Court and respondent in writing of what additional evidence they seek to rely upon, in addition to the evidence referred to above in order 2 to meet the further amended points of defence, by 10.00am 22 November 2011; and (4) the costs of today's application are reserved. Catchwords: PRACTICE AND PROCEDURE: late application to amend points of defence in compulsory acquisition proceedings - respondent believed issue of causation of disturbance costs joined notwithstanding bare denial - applicant claimed prejudice by reason of late amendment - prejudice found but amendment permitted Legislation Cited: Civil Procedure Act 2005 ss 56, 57, 60, 64, 66 Environmental Planning and Assessment Act 1979 s 109 Land Acquisition (Just Terms Compensation") Act 1991 s 55 Uniform Civil Procedure Rules 2005 r 14.14 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Category: Procedural and other rulings Parties: Mr Elias El Boustani (First Applicant) Mrs Guita El Boustani (Second Applicant) The Minister Administering the Environmental Planning and Assessment Act 1979 (Respondent) Representation: Mr J E Lazarus (First and Second Applicants) Mr I J Hemmings (Respondent) HWL Ebsworth Lawyers (First and Second Applicants) Hunt & Hunt Lawyers (Respondent) File Number(s): 30818 of 2010