Mauger v Wingecarribee Shire Council [2013] NSWSC 1587

Supreme Court New South Wales

Medium Neutral Citation: Mauger v Wingecarribee Shire Council [2013] NSWSC 1587 Hearing dates: 25 February 2013; 10 April 2013 Decision date: 31 October 2013 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff is granted leave to rely on the Amended Summons and Amended Grounds of Review in the form attached to the notice of motion filed 7 January 2013 and marked "A". (2) The plaintiff is to file the Amended Summons and Amended Grounds of Review on or before 4pm 14 November 2013. (3) Balance of the notice of motion of 7 January 2013 dismissed. (4) Costs of the motion are costs in the cause. Catchwords: PRACTICE AND PROCEDURE - application for leave to amend pleadings - judicial review proceedings - whether plaintiff should be permitted to prosecute claims together - whether undue delay - leave granted

PRACTICE AND PROCEDURE - application for order in nature of discovery - whether available in judicial review proceedings - whether order should be granted - no order for discovery Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Brimson v Rocla Concrete Pipes Ltd (1982) 2 NSWLR 937 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 State of New South Wales v Paige [2002] NSWCA 235; (2002) 60 NSWLR 371 Category: Interlocutory applications Parties: James Mauger (plaintiff) Wingecarribee Shire Council (defendant) Representation: Counsel: P Tomasetti SC and V McWilliam (plaintiff) M A Robinson SC (defendant) Solicitors: Worthington & Reading (plaintiff) Marsdens Law Group (defendant) File Number(s): 2012/260035