Vincent Land Pty Ltd v Hyder Consulting Pty Limited [2012] NSWLEC 261

Land and Environment Court New South Wales

Medium Neutral Citation: Vincent Land Pty Ltd v Hyder Consulting Pty Limited [2012] NSWLEC 261 Hearing dates: 15 November 2012 Decision date: 29 November 2012 Jurisdiction: Class 4 Before: Pain J Decision: 1. The First Respondent's amended notice of motion filed in Court on 15 November 2012 is dismissed. 2. Costs of the hearing of the First Respondent's amended notice of motion filed in Court on 15 November 2012 are reserved. Catchwords: PROCEDURE - application for strike out or summary dismissal of proceedings by applicant for modification of development consent acting as an agent for the owner of land - no cause of action disclosed in points of claim - applicant for modification application a proper party to proceedings - no order for strike out or dismissal made Legislation Cited: Civil Procedure Act 2005 s 56 Environmental Planning and Assessment Act 1979 s 96, s 97AA, s 124 Environmental Planning and Assessment Regulation 2000 cl 115, cl 283 Uniform Civil Procedure Rules 2005 r 6.24, r 13.4, r 14.28 Cases Cited: Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 Eastmark Holdings Pty Ltd v Kabraji [2012] NSWSC 802 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Mutual Life & Citizens Assurance Co Ltd v Evatt [1971] AC 793; (1970) 122 CLR 628 Paul Earnest Simmons v Protective Commissioner of NSW (also known as NSW Trustee and Guardian) [2012] NSWSC 455 Texts Cited: Ritchie's Uniform Civil Procedure NSW, LexisNexis, Sydney, 2005 Category: Interlocutory applications Parties: Vincent Land Pty Ltd (Applicant) Hyder Consulting Pty Limited (First Respondent) Maitland City Council (Second Respondent) Representation: Mr T Howard (Applicant) Mr C Withers (First Respondent) Mr M Staunton (Second Respondent) Mallik Rees Lawyers (Applicant) Kennedys (First Respondent) Lindsay Taylor Lawyers (Second Respondent) File Number(s): 40198 of 2012