Gosford City Council v Verde Terra Pty Ltd (No 2) [2013] NSWLEC 62

Land and Environment Court New South Wales

Medium Neutral Citation: Gosford City Council v Verde Terra Pty Ltd (No 2) [2013] NSWLEC 62 Hearing dates: 16 November 2012, 7, 19 February 2013 and 1 - 3 May 2013 Decision date: 03 May 2013 Jurisdiction: Class 4 Before: Craig J Decision: Orders as set out at [55] Catchwords: PRACTICE AND PROCEDURE - disposal of three interlocutory applications - motion filed by applicant seeking leave to discontinue proceedings against third respondent and join another party - applicant's motion to discontinue sufficient to discharge third respondent's motion for removal - leave granted to applicant to rely upon further amended summons and further amended points of claim - fourth respondent's motion dismissed - directions given for the filing of further evidence - case management hearing ordered

COSTS - previous costs orders set aside - applicant to pay the third respondent's costs on an indemnity basis, assessed and payable immediately - applicant to pay fourth respondent's costs of motion - applicant to pay first, second and fourth respondent's costs thrown away by reason of amendments Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Glaser v Poole (No 2) [2010] NSWLEC 232 Gosford City Council v Verde Terra Pty Ltd [2013] NSWLEC 20

Wilkie v Blacktown City Council [2002] NSWCA 284; 121 LGERA 444

Hillpalm Pty Ltd v Heaven's Door Pty Ltd [2004] HCA 59; 220 CLR 47 Category: Procedural and other rulings Parties: Gosford City Council (Applicant)