Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd (No 2) [2018] NSWLEC 53

Land and Environment Court New South Wales

Medium Neutral Citation: Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd (No 2) [2018] NSWLEC 53 Hearing dates: 10 April 2018 Date of orders: 10 April 2018 Decision date: 10 April 2018 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [33] Catchwords: NOTICE OF MOTION – civil enforcement and judicial review proceedings – leave sought to file and serve further amended summons – summons sought to be amended in light of expert evidence produced – respondents sought to vacate hearing dates in response – leave to serve further amended summons should be granted – hearing dates vacated Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) ss 75J, 76A Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Kenoss Pty Ltd v Palerang Council [2013] NSWCA 174 Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2017] NSWLEC 184 Category: Procedural and other rulings Parties: Muswellbrook Shire Council (Applicant) Hunter Valley Energy Coal Pty Ltd (First Respondent) The Secretary, Department of Planning and Environment (Second Respondent) Representation: Counsel: R Lovas (Applicant) J Taylor (First Respondent) N Kelly (Second Respondent)

Solicitors: Moray & Agnew Lawyers (Applicant) King & Wood Mallesons (First Respondent) Department of Planning and Environment (Second Respondent) File Number(s): 2017/00236338 Publication restriction: Nil