Botany Bay City Council v Minister For Planning and Infrastructure (No 2) [2014] NSWLEC 80

Land and Environment Court New South Wales

Medium Neutral Citation: Botany Bay City Council v Minister For Planning and Infrastructure (No 2) [2014] NSWLEC 80 Hearing dates: 19 June 2014 Decision date: 20 June 2014 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) The applicant is granted leave to file Amended Points of Claim in the form annexed to the affidavit of Timothy James O'Connor dated 4 June 2014 except for paragraphs 24A(a), 24C(b) and 27A(b) and (c), and with the addition in paragraph 24A(b) of the words "Director-General was satisfied that the" before the word "project". (2) The applicant is to pay the respondents' costs of the applicant's notice of motion filed on 4 June 2014 and the respondents' costs thrown away by reason of the amendments. Catchwords: AMENDMENT - of points of claim in judicial review proceedings after trial dates fixed - some amendments dependent on facts previously pleaded and involve new legal characterisation of grounds arising - other amendments dependent on application of inapplicable SEPP 65. Legislation Cited: Civil Procedure Act 2005 ss 56-59 Environmental Planning and Assessment Act 1979 ss 4, Part 3A, Schedule 6A State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development cll 4, 30 Uniform Civil Procedure Rules 2005 r 31.19 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27, (2009) 239 CLR 175 Botany Bay City Council v Minister for Planning and Infrastructure [2014] NSWLEC 14 Botany Bay City Council v Minister for Planning and Infrastructure [2014] NSWLEC 141 Drake-Brockman v Minister for Planning [2007] NSWLEC 490, (2007) 158 LGERA 349 Hunter Community Environment Centre Inc v Minister for Planning [2012] NSWLEC 195 Category: Procedural and other rulings Parties: Botany Bay City Council (Applicant) Minister for Planning and Infrastructure (First Respondent) Stateland BKK Pty Limited (Second Respondent) Prosha Pty Limited (Third Respondent) Stateland East Pty Limited (Fourth Respondent) BKK JV Pty Limited (Fifth Respondent) Representation: COUNSEL: T S Hale SC and D Hume (Applicant) A Shearer (1st Respondent) C Ireland (2nd -5th Respondents) SOLICITORS: Houston Dearn O'Connor (Applicant) Department of Planning and Infrastructure (First Respondent) McCullough Robertson (2nd -5th Respondents) File Number(s): 40953/14