Protect Our Parks Incorporated v Wollongong City Council [2015] NSWLEC 168

Land and Environment Court New South Wales

Medium Neutral Citation: Protect Our Parks Incorporated v Wollongong City Council [2015] NSWLEC 168 Hearing dates: 23 October 2015 Date of orders: 23 October 2015 Decision date: 23 October 2015 Jurisdiction: Class 4 Before: Craig J Decision: 1. Give leave to the Applicant to amend its Summons in accordance with the Amended Summons filed in Court today, conditionally upon the payment to the Third Respondent of costs thrown away by reason of the amendments in the pleadings made by that Amended Summons. Those costs to be determined by agreement or as assessed.

2. Costs of the Notice of Motion are to be the Third Respondent's costs in the proceedings.

3. Direct that the Applicant file and serve a clean copy of the Amended Summons dated 23 October 2015 by 5.00pm on 26 October 2015.

4. Direct that the Third Respondent serve its response to the Amended Summons by 5.00pm on 20 November 2015.

5. Stand over the proceedings for directions to Friday 27 November 2015. Catchwords: PRACTICE AND PROCEDURE – leave to amend summons – ground of challenge amended and further grounds of challenge added – validity of a development consent for demolition and erection of a new building – leave to amend summons granted conditionally upon payment of costs thrown away – nothing extraordinary demonstrated to require costs be paid forthwith – costs of the motion are to be the third respondent's costs in the proceedings Legislation Cited: Crown Lands Act 1989 (NSW) Category: Procedural and other rulings Parties: Protect Our Parks Incorporated (Applicant) Wollongong City Council (First Respondent) Martin Morris & Jones Pty Ltd (Second Respondent) Skydive the Beach and Beyond Sydney Wollongong Pty Ltd (Third Respondent) Representation: Counsel: Ms J Walker (Applicant) Submitting Appearance (First Respondent) Submitting Appearance (Second Respondent) R Lancaster SC (Third Respondent)