Lawrence v Inner West Council [2019] NSWLEC 46

Land and Environment Court New South Wales

Medium Neutral Citation: Lawrence v Inner West Council [2019] NSWLEC 46 Hearing dates: 19 March 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Class 2 Before: Pain J Decision: (1) The Applicants' notice of motion dated 15 February 2019 is upheld to the extent that the amended application in Class 3 proceedings can be relied on.

(2) The Applicants may file an amended statement of facts and contentions which accords with this judgment within 21 days.

(3) Costs are reserved.

(4) The proceedings are stood over to the Class 3 list on Friday 3 May 2019 with liberty to the parties to apply through online Court for an earlier list date. Catchwords: PRACTICE & PROCEDURE – Class 2 appeal against order issued under Local Government Act 1993 requiring repair of collapsed retaining wall on public land and claim for compensation – application to amend Class 2 appeal – amended application allowed including transfer of proceedings from Class 2 to Class 3 – amendment of statement of facts and contentions not allowed Legislation Cited: Civil Liability Act 2002 s 45 Civil Procedure Act 2005 ss 56, 58, 64, 65 Conveyancing Act 1919 s 177 Government Information (Public Access) Act 2009 Land and Environment Court Act 1979 s 19 Land and Environment Court Rules 2007 r 3.7 Local Government Act 1993 ss 124, 180, 181 Roads Act 1993 s 91 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 258 ALR 14; [2009] HCA 27 Connor v Smith Hire Services (Casino) Pty Ltd [2017] NSWLEC 7 Etna v Arif [1999] 2 VR 353; [1999] VSCA 99 Mailey v Sutherland Shire Council (2017) 226 LGERA 188; [2017] NSWCA 343 Category: Procedural and other rulings Parties: Natalie Lawrence (First Applicant) Aaron Lawrence (Second Applicant) Inner West Council (Respondent) Representation: COUNSEL: C Ireland (Applicant) G Farland (Respondent)