NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Tweed Shire Council v Reysson Pty Ltd [2017] NSWLEC 157 Hearing dates: 17 November 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Class 4 Before: Moore J Decision: Some amendments to Points of Defence permitted Catchwords: AMENDMENT APPLICATION - application to amend defence after hearing commences - proposed amendments recast basis of defence - most of the proposed amendments responsive to opening of case by Applicant - no prejudice to the Applicant if responsive amendments permitted and adjournment and costs awarded - responsive amendments allowed - additional amendment seeking to raise matters not within scope of present pleadings rejected - additional amendment seeking to raise common law matter rejected Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58 and 64 Noxious Weeds Act 1993 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Queensland v JL Holdings (1997) 189CLR 146 Category: Procedural and other rulings Parties: Tweed Shire Council (Applicant) Reysson Pty Ltd (Respondent/Applicant to Amend) Representation: Counsel: Mr J Lazarus and Ms J Walker, barristers (Applicant) Mr T Robertson QC/Mr C Norton, barrister (Respondent/Applicant to Amend)
Solicitors: Maddocks (Applicant) Woolf & Associates (Respondent/Applicant to Amend) File Number(s): 235173 of 2016 Publication restriction: No
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