Neale v NSW Department of Planning and Infrastructure [2017] NSWLEC 61

Land and Environment Court New South Wales

Medium Neutral Citation: Neale v NSW Department of Planning and Infrastructure [2017] NSWLEC 61 Hearing dates: 18 April 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Class 4 Before: Pain J Decision: (1) The Respondent's Notice of Motion dated 16 December 2016 is upheld. (2) The Applicant's proceedings are dismissed. (3) The Applicant is to pay the Respondent's costs from 19 December 2014. Catchwords: PROCEDURE – exercise of discretion on application for leave to amend pleadings introducing causes of action over which court has no jurisdiction – leave not granted – proceedings dismissed – costs considered Legislation Cited: Civil Procedure Act 2005 ss 64, 65, 149A, 149B, 149C, 149D, Environmental Planning and Assessment Act 1979 Part 3A Limitation Act 1969 Uniform Civil Procedure Rules 2005 rr 12.4, 12.10, 13.4, 42.7, 42.20 Cases Cited: Brett Stephen Lord and Marcus William Ayres v The Minister for Planning and Infrastructure [2014] NSWLEC 1268 Latoudis v Casey (1990) 170 CLR 534 Category: Procedural and other rulings Parties: James Woodward Neale (Applicant) NSW Department of Planning and Infrastructure (Respondent) Representation: COUNSEL: T Hall, solicitor (Applicant) L Sims, solicitor (Respondent)

SOLICITORS: Hall Partners Pty Ltd (Applicant) NSW Department of Planning and Infrastructure (Respondent) File Number(s): 16/152547