Gosford City Council v Verde Terra Pty Ltd [2013] NSWLEC 20

Land and Environment Court New South Wales

Medium Neutral Citation: Gosford City Council v Verde Terra Pty Ltd [2013] NSWLEC 20 Hearing dates: 19 February 2013 Decision date: 19 February 2013 Jurisdiction: Class 4 Before: Craig J Decision: 1. The applicant must file and serve: (a) all evidence relating to the alleged breaches of the Environmental Planning and Assessment Act 1979 and Gosford Interim Development Order 122 by 19 March 2013; (b) all evidence relating to environmental harm said to be the consequence of that breach, together with evidence directed to the relief proposed to be filed by 26 April 2013. 2. The applicant is to file and serve any notice of motion, together with any affidavit in support for further amendment of the summons and points of claim and for the joinder of any further parties to the proceedings, by 19 March 2013. Such further motion to be fixed for hearing in conjunction with the present notice of motion, that is the third respondent's notice of motion, before me. 3. The applicant is to file and serve any further evidence upon which it intends to rely in response to the third respondent's notice of motion, by 19 March 2013. 4. The respondents are to file any evidence in reply to the applicant's evidence on the notice of motion by 9 April 2013. 5. The applicant is to file and serve written submissions in relation to any amendment to the summons and any amendment to the points of claim together with any submissions in relation to the third respondent's notice of motion two weeks prior to the hearing of that motion. 6. The respondents are to file submissions in reply to the applicant's submissions identified in paragraph 5 one week prior to the hearing of the motion. 7. I give liberty to the parties to approach the Registrar forthwith to obtain a date for the further hearing of the present notice of motion together with any further notice of motion identified in paragraph 2, such date to be a date not before 26 April 2013. 8. The applicant is to pay the respondents' costs of today. 9. Reserve liberty to any party to apply on three days' notice. Catchwords: INTERLOCUTORY APPLICATION - third respondent seeking removal from proceedings pursuant to rule 6.29 of the Uniform Civil Procedure Rules 2005 - directions given for conduct of the third respondent's motion - failure of applicant to comply with directions - attempt by applicant to rely upon lengthy evidence at hearing - further amended points of claim foreshadowed - need to ensure real issues argued in proceedings - adjournment granted in the interests of justice - applicant to pay costs of the day Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Category: Interlocutory applications Parties: Gosford City Council (Applicant)