Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 137

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 137 Hearing dates: 18 June 2018 Decision date: 22 June 2018 Before: Sackville AJA Decision: 1. Grant leave to the applicant to file an Amended Summons in the form of Annexure A to the amended notice of motion filed on 13 June 2018. 2. Note the directions made by the Court on 18 June 2018. 3. Dismiss the motion filed in Court by the respondent on 18 June 2018. 4. Costs of each motion to be costs in the appeal. Catchwords: COURTS – proceedings seeking judicial review of a decision of a Commissioner of the Land and Environment Court – application to transfer proceedings from the Court of Appeal to the Land and Environment Court – whether transfer is appropriate Legislation Cited: Civil Procedure Act 2005 (NSW), ss 149B, 149E Environmental Planning and Assessment Act 1979 (NSW), ss 97(1), 97A(1)(a) Environmental Planning and Assessment Amendment Act 2017 (NSW) Land and Environment Court Act 1979 (NSW), ss 17(d), 36(3), 56A Supreme Court Act 1970 (NSW), ss 48, 51(1), 65, 69

Environmental Planning and Assessment Regulation 2000 (NSW), cl 49(1)

Uniform Civil Procedure Rules 2005 (NSW), r 36.17, 51.45(3) Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWSC 867 Huajun Investments Pty Ltd v City of Canada Bay Council [2018] NSWLEC 1087 V'Landys v Land and Environment Court [2012] NSWLEC 218 Young v King [2016] NSWCA 282 Category: Procedural and other rulings Parties: Al Maha Pty Ltd (Applicant) Huajun Investments Pty Ltd (First Respondent) Land and Environment Court of New South Wales (Second Respondent) City of Canada Bay Council (Third Respondent) Representation: Counsel: Mr J Lazarus (Applicant) Mr C Leggat SC (First Respondent) Submitting appearance (Second Respondent) Mr J Smith (Third Respondent)