Hoxton Park Resident's Action Group Inc. v Liverpool City Council [2014] NSWSC 322

Supreme Court New South Wales

Medium Neutral Citation: Hoxton Park Resident's Action Group Inc. v Liverpool City Council [2014] NSWSC 322 Hearing dates: 11 March 2014 Decision date: 11 March 2014 Jurisdiction: Equity Division Before: Young AJA Decision: The matter is to be case managed. The matter will be adjourned to 31 March 2014 for that purpose. Any evidence by way of affidavit that the plaintiff intends to file is to be filed and served no later than 25 March 2014. On the next occasion short minutes of order of today's Judgment and the final version of the statement of claim are to be filed in court. The short minutes of order are to deal with the costs of this application. Catchwords: PLEADINGS - amendment of pleadings - late amendment

JURISDICTION - Land and Environment Court - s 79 Land and Environment Court Act 1979 (NSW) Legislation Cited: Commonwealth Constitution Land and Environment Court Act 1979 (NSW) Schools Assistance Act 2008 (Cth) Civil Procedure Act 2005 (NSW) Cases Cited: Hoxton Park Residents Action Group Inc v Liverpool City Council [2010] NSWSC 1312 Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2) [2011] NSWCA 363 Land and Environment Court Act 1979 (NSW) Attorney General (Vic) EX Rel Black v Commonwealth 146 CLR 559 Melbourne Corporation Case (1947) 74 CLR 31 Austin & Anor v Commonwealth (2003) 215 CLR 185 Category: Principal judgment Parties: Hoxton Park Residents Action Group Inc (first plaintiff) Marella Harris (second plaintiff) Liverpool City Council (first defendant) Malek Fahd Islamic School Limited (second defendant) Australian Federation of Islamic Councils Inc (third defendant) State of New South Wales (fourth defendant) Commonwealth of Australia (fifth defendant) Representation: Counsel: Mr P King (first and second plaintiff) Mr A P Cheshire (second and third defendant) Mr H El Hage (fourth defendant) Mr S Free (fifth defendant) Solicitors: Robert Balzola and Associates (first and second plaintiff) Goldrick Farrell Mullan (second and third defendant) Crown Solicitor (fourth defendant) Australian Government Solicitor (fifth defendant) File Number(s): 2009/00289796 Publication restriction: Nil