Fenwick v Woodside Properties Pty Ltd [2016] NSWLEC 61

Land and Environment Court New South Wales

Medium Neutral Citation: Fenwick v Woodside Properties Pty Ltd [2016] NSWLEC 61 Hearing dates: 25 May 2016 Date of orders: 27 May 2016 Decision date: 27 May 2016 Jurisdiction: Class 4 Before: Pain J Decision: (1) The Applicant is granted leave to rely on the second further amended summons marked annexure "C" to the affidavit of Ms Hill sworn 23 May 2016.

(2) The Applicant must file a redrafted amended points of claim no later than 4 pm Monday 30 May 2016.

(3) Exhibits are to be returned. Catchwords: PROCEDURE – whether reasonable cause of action identified to justify leave being granted to amend pleadings – leave to amend pleadings partially granted Legislation Cited: Environmental Planning and Assessment Act 1979, ss 96, 124 Environmental Planning and Assessment Regulation 2000, cl 119 Civil Procedure Act 2005, s 64 Cases Cited: Coalcliff Community Association Inc v Minister for Urban Affairs and Planning [1999] NSWCA 317; (1999) 106 LGERA 243 F Hannan (Properties) Pty Ltd v Council of the City of Sydney [2011] NSWLEC 44 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Hollis v Shellharbour City Council [2002] NSWLEC 83 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Mirvac Projects Pty Ltd v Ku-Ring-Gai Council [2007] NSWLEC 245 MLC Properties v Camden Council (1997) 96 LGERA 52 Swadling v Sutherland Shire Council (1994) 82 LGERA 431 Category: Procedural and other rulings Parties: Christine Fenwick (Applicant) Woodside Properties Pty Ltd (First Respondent) Rochester Estate Pty Ltd (Second Respondent) Wingecarribee Shire Council (Third Respondent) Representation: COUNSEL: N Hammond (Applicant) P Rigg (First & Second Respondents) T To (Third Respondent)