Rossi v Living Choice Australia Limited t/as Living Choice (No 2) [2012] NSWLEC 144

Land and Environment Court New South Wales

Medium Neutral Citation: Rossi v Living Choice Australia Limited t/as Living Choice (No 2) [2012] NSWLEC 144 Hearing dates: 25 June 2012 Decision date: 26 June 2012 Jurisdiction: Class 4 Before: Pepper J Decision: Leave to amend the summons and points of claim granted. Leave to adduce expert surveying evidence granted. Applicant to pay the respondent's costs thrown away occasioned by the amendments. Costs of the motion to be the first and second respondents' costs in the cause. Catchwords: PRACTICE AND PROCEDURE: application to amend summons and points of claim - no adequate explanation given for delay - insufficient evidence from all parties as to prejudice - likely prejudice to applicant not outweighed by likely prejudice to respondents if amendments permitted - leave to amend granted - applicant to pay the first and second respondents' costs thrown away occasioned by the amendments - application by applicant to serve documents by electronic transmission only on grounds of expense and convenience - application refused.

EXPERT EVIDENCE: application to adduce expert evidence in judicial review proceedings - application made consequent upon leave being granted to amend summons and points of claim - expert evidence reasonably required - leave granted. Legislation Cited: Civil Procedure Act 2005, ss 56, 58, 59, 60, 64 Environmental Planning and Assessment Act 1979, ss 79C, 124 Land and Environment Court Act 1979, s 16(1A) State Environmental Planning Policy (Major Development) 2005, cl 13F Uniform Civil Procedure Rules 2005, rr 2.1, 10.5 Cases Cited: Acohs Pty Ltd v Ucorp Pty Ltd [2012] FCAFC 16; (2012) 287 ALR 403 Amalgamated Holdings Ltd v North Sydney Council [2012] NSWLEC 138 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Rossi v Living Choice Australia Ltd t/as Living Choice [2012] NSWLEC 112 Category: Procedural and other rulings Parties: Anthony Rossi (Applicant) Living Choice Australia Ltd t/as Living Choice (First Respondent) The Hills Shire Council (Second Respondent) Joint Regional Planning Panel (Sydney West Region) (Third Respondent) Representation: Mr P Tomasetti SC and Mr N Eastman (Applicant) Ms H Irish (First Respondent) Mr J Lazarus (Second Respondent) N/A (Third Respondent) D G Briggs and Associates (Applicant) Pikes Lawyers (First Respondent) Maddocks (Second Respondent) N/A (Third Respondent) File Number(s): 40018 of 2012