Terranora Group Management Pty Ltd v Director General of the Office of Environment and Heritage [2014] NSWLEC 66

Land and Environment Court New South Wales

Medium Neutral Citation: Terranora Group Management Pty Ltd v Director General of the Office of Environment and Heritage [2014] NSWLEC 66 Decision date: 28 May 2014 Jurisdiction: Class 1 Before: Biscoe J Decision: Leave granted to applicant to file its proposed Further Amended Statement of Facts and Contentions subject to deleting contentions 3 and 4 therein. Catchwords: PRACTICE AND PROCEDURE - appeal against variation by the respondent of a direction for remedial work under s 38 of the Native Vegetation Act 2003 - whether leave should be granted to the applicant to file a Further Amended Statement of Facts and Contentions raising matters that the respondent contends are beyond the jurisdiction or power of the Court to deal with - construction and application of s 39(2) of the Land and Environment Court Act 1979 Legislation Cited: Land and Environment Court Act 1979 ss 16, 17(g) Native Vegetation Act 2003 ss 38(1), 38(3), 39 Cases Cited: Goldberg v Waverley Council [2007] NSWLEC 259, (2007) 156 LGERA 27

Tasty Chicks Pty Ltd v Commissioner of State Revenue of the State of New South Wales [2011] HCA 41, (2011) 145 CLR 446 Terranora Group Management Pty Ltd v Director-General, Office of Environment and Heritage [2013] NSWLEC 198 Category: Procedural and other rulings Parties: Terranora Group Management Pty Ltd (Applicant) Director General of the Office of Environment and Heritage (Respondent) Representation: COUNSEL: TF Roberston SC (Applicant) E Muston and N Case (Respondent) SOLICITORS: Bolster & Co (Applicant) Office of Environment and Heritage (Respondent) File Number(s): 11227/11