Port Stephens Council v Moresload Pty Ltd [2014] NSWLEC 61

Land and Environment Court New South Wales

Medium Neutral Citation: Port Stephens Council v Moresload Pty Ltd [2014] NSWLEC 61 Hearing dates: 16 May 2014 Decision date: 16 May 2014 Jurisdiction: Class 4 Before: Sheahan J Decision: Leave granted to the applicant to amend its Points of Claim. Catchwords: PRACTICE AND PROCEDURE: Application to make a late amendment to Points of Claim - principles to apply - discretion exercised - consequential amendments and vacation of hearing dates required. Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Coalcliff Community Association Inc v Minister for Urban Affairs and Planning [1999] NSWCA 317; (1999) 106 LGERA 243 Iron Gates Developments Pty Ltd v Richmond-Evans Environmental Society Inc (1992) 81 LGERA 132 Category: Procedural and other rulings Parties: Port Stephens Council (Applicant) Moresload Pty Ltd (First Respondent) Gregory John Gilson (Second Respondent) Lesley Helen Gilson (Third Respondent) Representation: Mr P Larkin, SC and L Thomas (Applicant) Mr T Howard, SC and C Novak (Respondents) Local Government Legal (Applicant) Mallik Rees Lawyers (Respondents) File Number(s): 40723 of 2013

Judgment

Introduction 1This is an application by the Council to further amend its claim against the respondents in respect of a quarry. 2It raises difficult issues for the Court, in its discretion, but it is imperative that I give the decision now, as the case is currently listed to commence its four day trial on 2 June, and, if the Court grants leave to amend, that hearing will have to be vacated, and the respondents will suffer serious financial prejudice for however long the hearing is delayed. 3The present Notice of Motion ("NOM") to amend was filed only on 9 May and referred to me today by the List Judge for urgent determination. 4As a result of the urgency, these reasons are not as fulsome as I would like.